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