Converting a patent application

In some circumstances it is possible to convert your patent application from one type to another.

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, you may want to convert your application from a standard to a provisional.

There are several different ways an application can be converted.

Converting innovation patent applications

An innovation patent application can be converted to:

  • a provisional application:
    • The request to convert must be made between the filing date of the innovation patent application and the earliest of these dates:
      • the application acceptance
      • 12 months from the filing date.
  • a standard patent application:
    • The request to convert must be made before the acceptance of the innovation patent application.

As innovation patent applications are accepted within weeks of filing, requesting the conversion of the application should be made as soon as possible.

Converting standard patent applications

A standard patent application can be converted to:

  • a provisional application:
    • The request to convert must be made between the filing date of the standard patent application and the earliest of these dates:
      • 12 months from the filing date, before the application is accepted
      • three weeks before its publication.
  • an innovation patent application:
    • The request to convert must be made before the 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 contain the same patent request details as the original application that is being converted.

Last updated: 
30 May 2016