Can I convert my national application filed under 35 U.S.C. 371 to an application under 35 U.S.C. 111(a)?

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.

Yes, it is possible to convert a national application filed under 35 U.S.C. 371 to an application filed under 35 U.S.C. 111(a), and vice versa. This process requires filing a petition under 37 CFR 1.182. According to MPEP 1002.02(p):

“Petitions under 37 CFR 1.182 to convert a national application which was filed under 35 U.S.C. 371 to an application filed under 35 U.S.C. 111(a) or to convert a national application which was filed under 35 U.S.C. 111(a) to an application filed under 35 U.S.C. 371.”

The Director of International Patent Legal Administration decides these petitions. When filing such a petition, you should clearly state the reasons for the conversion and provide any necessary supporting documentation. The USPTO will review your petition and determine whether the conversion is appropriate based on the specific circumstances of your application.