Provisional Application
Overview
Check Pricing
3-Step Process
Why LegalZoom?
Education Center
Provisional Application Education
FAQ
Glossary
Why LegalZoom

Home | Trademark, Patents & Copyrights | Provisional Application for Patent
Provisional Application FAQs

How do I turn my Provisional Application for Patent into a Non-Provisional Application?

An applicant who files a Provisional Application for Patent must file a corresponding Non-Provisional Patent Application within 12 months to benefit from the provisional filing date. The corresponding Non-Provisional Patent Application must specifically refer to the Provisional Application.

The USPTO will then compare the Non-Provisional Patent Application with the earlier-filed Provisional Application. If the subject matter of the descriptions is determined to be the same in both applications, the USPTO will grant the applicant the provisional application's earlier filing date for any patent that issues.

Alternatively, an applicant can convert a Provisional Application for Patent to a Non-Provisional Application. This option saves the applicant little effort, however, and virtually no money. Furthermore, the Provisional Application's filing date is lost and the filing date for any patent that issues will be the date of conversion.