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   Filing a provisional to satisfy bar date
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   Author  Topic: Filing a provisional to satisfy bar date  (Read 1627 times)
Matt Sty
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Filing a provisional to satisfy bar date
« on: Jan 4th, 2008, 3:38pm »
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This is a fact pattern I came up with myself and can't find the answer to:
 
First date of sale of the invention is July 6, 2007.  
 
So to get under the bar date of July 6, 2008 (which is a Sunday) would filing a provisional application Monday July 7, 2008 satisfy the requirements and not bar the application?
 
Does it have to be a non-provisional and is Monday, January 7, 2008 ok for the filing date since it is the next day the USPTO will be open after Sunday, January 6, 2008?
 
Any insight would be helpful.  Thanks!
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Isaac
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Re: Filing a provisional to satisfy bar date
« Reply #1 on: Jan 4th, 2008, 4:42pm »
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on Jan 4th, 2008, 3:38pm, Matt Sty wrote:
So to get under the bar date of July 6, 2008 (which is a Sunday) would filing a provisional application Monday July 7, 2008 satisfy the requirements and not bar the application?

 
 
http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2133.htm#sect21 33
 
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Isaac
Matt sty
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Re: Filing a provisional to satisfy bar date
« Reply #2 on: Jan 4th, 2008, 4:55pm »
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Thanks, but would a provisional application suffice in this scenario, or does it have to be a non-provisional?
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