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Topic: Filing Continuation at 6 months from OA (Read 750 times) |
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Ding-A-Ling
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Filing Continuation at 6 months from OA
« on: Mar 22nd, 2007, 11:03am » |
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Hypodermical Situation:
Upon a glorious day, 6 months preceding the current day, an office action was mailed regarding a patent application.
Today, instructions are received from a sultry client with moistened pouty lips to file a continuation application.
If one were to merely file the continuation application today, without taking any action in the patent application, will copendency be assured?
For example, in the patent application, if one were to file a flimsy response to the office action and provide payment for a 3 month extension of time, then surely copendency would be assured. But it seems such a bother. One might prefer having drinks with the client, whose absent-minded spouse is away on business.
In a sense, these questions relate to the date of abandonment of the patent application. Without any response to the mailed office action, what is the effective date of abandonment? (3 months or 6 months?)
If one is delayed for several months in responding to a final office action, why pay late fees to pursue an RCE?
Why not just file a continuation anytime prior to the expiration of six months from the mailing date of the office action?
Finally, if it takes a day and a half for a chicken and a half to lay an egg and a half ... how many eggs can six chickens lay in seven days?
Ding-A-Ling!
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Isaac
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Re: Filing Continuation at 6 months from OA
« Reply #1 on: Mar 22nd, 2007, 11:57am » |
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on Mar 22nd, 2007, 11:03am, Ding-A-Ling wrote:| Upon a glorious day, 6 months preceding the current day, an office action was mailed regarding a patent application. |
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The abandonment of the current application dates from the end of the shortened statutory period unless an extension is paid for. I think you can answer your other questions with this info.
I'm not persuaded otherwise by the pouty lips...
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Isaac
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JimIvey
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Re: Filing Continuation at 6 months from OA
« Reply #2 on: Mar 22nd, 2007, 12:06pm » |
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Isaac's right -- was there ever any doubt? 
But, I'll offer some further guidance. What I typically do there is at least file a copy of the extension of time in the continuation application, just to make copendency self-evident from the prosecution history of the continuation application.
I used to also file a copy of the continuation application form in the parent, along with the petition to extension of time. I think you have to file the continuation application in its entirety now (not just a 1-page form like they used to use), so I'd probably just file a statement to the effect that a continuation application was filed. But the important part (or at least the most helpful part) is the filing of the copy of the extension of time in the continuation application.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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Isaac
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Posts: 3472
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Re: Filing Continuation at 6 months from OA
« Reply #3 on: Mar 22nd, 2007, 1:32pm » |
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28 eggs?
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Isaac
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