Can a provisional application be converted directly into a nonprovisional application?

Can a provisional application be converted directly into a nonprovisional application?

No, a provisional application cannot be directly converted into a nonprovisional application. The MPEP 201.04 clearly states:

“A provisional application cannot be converted to a nonprovisional application.”

Instead, to claim the benefit of a provisional application, an applicant must file a separate nonprovisional application within 12 months of the provisional filing date. This nonprovisional application must include a specific reference to the provisional application.

For more information on nonprovisional application, visit: nonprovisional application.

For more information on provisional application, visit: provisional application.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: nonprovisional application, provisional application