Can a provisional patent application be converted to a nonprovisional application?

Yes, a provisional patent application can be converted to a nonprovisional application. According to MPEP 201.04:

“A provisional application filed under paragraph (c) of this section may be converted to a nonprovisional application filed under paragraph (b) of this section and accorded the original filing date of the provisional application.”

However, there are specific requirements and considerations for this conversion:

• The request for conversion must be accompanied by the fee set forth in 37 CFR 1.17(i)
• An amendment including at least one claim as prescribed by 35 U.S.C. 112(b) must be submitted
• The request must be filed before the abandonment of the provisional application or the expiration of 12 months after its filing date
• Additional fees for nonprovisional applications will be required

It’s important to note that converting a provisional to a nonprovisional application may result in a shorter patent term. Therefore, filing a new nonprovisional application claiming the benefit of the provisional application under 35 U.S.C. 119(e) is often preferable.

To learn more:

• provisional application conversion
• nonprovisional application
• USPTO
• patent filing