FOR IP PROFESSIONALS

Converting a patent application

In some circumstances it is possible to convert your patent application into a different type of patent application. For example if you have filed a standard application and then find that you are unable to overcome formalities and require more time to get your application in order, it may be in your interest to convert your application from a standard to a provisional.

What applications can be converted?

There are several different ways an application can be converted.

Innovation patent applications: You can request for an innovation patent application to be converted to either a provisional application or a standard patent application.

A request to convert an innovation patent application to a provisional application must be made between the filing date of the innovation patent application and either the application acceptance or 12 months from the filing date (whichever date is the earlier).

A request to convert an innovation patent application to a standard patent application must be made prior to acceptance of the innovation patent application.

Conversion requests are not actionable if the innovation application has been accepted.

Note: As innovation applications are accepted within weeks of filing, the action to convert an innovation is time critical.

Standard patent applications: You can request for a standard patent application to be converted to either a provisional application or innovation patent application.

A request to convert a standard patent application to a provisional application must be made between the filing date of the standard patent application and either 12 months from the filing date, before the application is accepted or three weeks before its publication (whichever date is the earlier).

A request to convert a standard patent application to an innovation patent application must be made prior to acceptance of the standard patent application.

Other requirements

Conversion requests may require an upfront payment of the balance of filing fees between the differing patent products. Requests must also contain the same patent request details as the original application that is being converted.

Last Updated: 23/11/2013

Meet Jodi
B. Sc. (Hons) Grad. Dip in Adult Education

Director, Patent Training Projects

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