How can I convert a provisional patent application to a nonprovisional application?
The USPTO allows for the conversion of a provisional patent application to a nonprovisional application under specific circumstances. The MPEP states:
“Requests to convert a provisional application filed under 37 CFR 1.53(c) to a nonprovisional application under 37 CFR 1.53(b) where the provisional application is before the Office of Patent Application Processing.“
This conversion process is handled by the Director of Office of Patent Application Processing (OPAP). It’s important to note that this conversion is only possible while the provisional application is still being processed by OPAP. This conversion can be beneficial if an inventor decides they want to pursue a full patent sooner than originally planned or if they want to take advantage of the earlier filing date of the provisional application. However, applicants should be aware that converting a provisional to a nonprovisional application will trigger the start of the 20-year patent term from the provisional filing date.
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