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dariya
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publication date question
« on: Sep 24th, 2006, 11:47am »
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I filed a utility patent application in Feb 2006. It was a method (101) based application. I just received notice it was published Sept 2006.  I thought I had an 18 month window prior to publication. Did this rule change?
 
Thank you
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Bill Richards
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Re: publication date question
« Reply #1 on: Sep 24th, 2006, 12:20pm »
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Did you claim priority to a Provisional or other application?
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
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dariya
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Re: publication date question
« Reply #2 on: Sep 24th, 2006, 12:28pm »
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It was a continuation in part of a patent that is pending prosecution.
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Bill Richards
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Re: publication date question
« Reply #3 on: Sep 24th, 2006, 12:53pm »
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Did you check the MPEP or statutes?   Smiley
 
35 U.S.C. 122 Confidential status of applications; publication of patent applications.
(b) PUBLICATION.-  
(1) IN GENERAL.-  
(A) Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.
 
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
dariya
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Re: publication date question
« Reply #4 on: Sep 24th, 2006, 1:20pm »
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Thank you for your prompt reply. I appreciate it. No, I did not check the statute (hangs head) but I am happy you answered. You guys rock on this forum.
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