This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
When converting a provisional application to a nonprovisional application, the filing date of the nonprovisional application will be the filing date of the provisional application. This is stated in MPEP 601.01(c):
“The filing date of the provisional application is the filing date of the nonprovisional application.”
However, it’s important to note that this conversion must be done within 12 months of the provisional application’s filing date. If the conversion is not done within this timeframe, the nonprovisional application will receive a new filing date.