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   Missed PCT Priority Deadline
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   Author  Topic: Missed PCT Priority Deadline  (Read 9866 times)
ipjd2000
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Missed PCT Priority Deadline
« on: Nov 29th, 2006, 10:19am »
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A prospective client filed a U.S. provisional application 13 months ago.  A non-provisional U.S. application was filed 4 months later claiming priority on the provisional application.  However, they failed to file the PCT within 12 months of the provisional application.  The U.S. non-provisional application has not published yet.
 
Questions:
1.Can a PCT still be filed claiming priority on just the non-provisional application?
 
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ipjd2000
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Re: Missed PCT Priority Deadline
« Reply #1 on: Nov 29th, 2006, 10:22am »
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Question #2:
 
I was reading that the PCT rules were changing soon soon so that a "belated" PCT application filed within  the 12 to 14 months from the earliest priority could still be filed by petitioning for "unintentionally" missing the deadline.  Has anyone used this procedure before?
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JimIvey
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Re: Missed PCT Priority Deadline
« Reply #2 on: Dec 1st, 2006, 1:09pm »
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The Paris Convention (the thing that allows foreign priority claims) requires that the first application filed (and not abandoned) anywhere for the invention be within 12 months.  The only way you can get priority (if my understanding in this area is correct) is to give up priority of the provisional application.  Then, the real application would be the earliest filed and not abandoned application for the invention anywhere in the world.
 
I'm not aware of any fix for "unintentionally" missing a priority claim deadline under the Paris Convention.
 
Regards.
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James D. Ivey
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Re: Missed PCT Priority Deadline
« Reply #3 on: Dec 9th, 2006, 10:07pm »
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I am so glad I have never missed a deadline (well I really mean I've never let my attorney miss a deadline!)
 
Even though you do miss out on the original priority date, you can at least refer to the original pri application during the application process in the national stage(s) (just not claiming priority), right?
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Carla Todenhagen
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Re: Missed PCT Priority Deadline
« Reply #4 on: Dec 13th, 2006, 4:52pm »
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The extended filing period discussed earlier does not take effect until April 2007 and requires that the missed deadline be an unintentional mistake. So does that mean that right now there is a bright line rule that 12 months + 1 day = no priority?
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