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Question:
What are the benefits of filing a nonprovisional application claiming the benefit of the filing date of the provisional application under 35 U.S.C. 119(e) rather than requesting conversion?
Answer:
Claiming the benefit of the provisional application under 35 U.S.C. 119(e) is less expensive and will result in a longer patent term.
The procedure requires the filing of a request in the provisional application for the conversion of the provisional application to a nonprovisional application and the required fee.
Chapter Details:
The answer to this question can be found in chapter 600 of the MPEP. This chapter covers Parts, Form, and Content of Application.
The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
Section Summary:
This question and answer come from section 601.01(c) of the MPEP. The following is a brief summary of section 601.01(c).
601.01(c) Conversion to or from a Provisional Application
This section covers the conversion from a nonprovisional application to a provisional application. The procedure essentially requires the filing of a request for conversion along with the processing fee. A discussion on the ramifications of converting a nonprovisional application to a provisional application is also included.
In addition, this section covers the conversion from a provisional application to a nonprovisional application. The procedure requires the filing of a request for the conversion of the provisional application to a nonprovisional application and the proper fee. There is also a quick statement made about how claiming the benefit of a provisional application is a better option than converting a provisional application to a nonprovisional.