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   Author  Topic: office action deadline and fee calculation  (Read 1860 times)
1st time
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office action deadline and fee calculation
« on: May 4th, 2007, 9:26am »
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I need to respond to an office action. Mailing date was 4-5-07, with 30 days. I have until 5-5-07 at midnight? (or is it today 5-4-07 at midnight?
 
Assuming I miss the deadline, is the extra month extension fee for small entities $60?
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Isaac
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Re: office action deadline and fee calculation
« Reply #1 on: May 4th, 2007, 10:02am »
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on May 4th, 2007, 9:26am, 1st time wrote:
I need to respond to an office action. Mailing date was 4-5-07, with 30 days. I have until 5-5-07 at midnight? (or is it today 5-4-07 at midnight?

 
If you have one month or 30 days to respond from the day of mailing, your response isn't late until after 5-7-07 because 5-5-07 is Saturday.
 
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Isaac
stillstudying
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Re: office action deadline and fee calculation
« Reply #2 on: May 6th, 2007, 6:21pm »
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Would using a "certificate of mailing", "certificate of transmission", or "Express Mail" be a good idea (or essential) in this sort of case?
 
Quote:
Sending Petition Papers  
The filing date of a document in the USPTO is the date of receipt in the Office, not the date of deposit in the mail. 37 C.F.R. 2.195. However, a petition that is mailed to the USPTO before the expiration of the deadline discussed above will be considered to have been timely filed if (1) it is properly addressed and deposited with the U.S. Postal Service with postage sufficient for first class mail, and (2) the petition includes a certificate of mailing that identifies the date the petition was mailed, and the address to which it was mailed. 37 C.F.R. 2.197(a). You are encouraged to use a certificate of mailing (see sample below) to ensure the timeliness of the petition. Please keep a photocopy of the petition and the signed certificate. If the petition is filed and then lost, a photocopy of the petition and the certificate of mailing may help to establish that the petition was timely filed. The following is a sample certificate if mailing:
 
...

 
I can't post a link, but a Google search on ("certificate of mailing" office action response) (without the parentheses, but including the quotes as shown) turns that up as the first link.
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Isaac
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Re: office action deadline and fee calculation
« Reply #3 on: May 7th, 2007, 10:32am »
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on May 6th, 2007, 6:21pm, stillstudying wrote:
Would using a "certificate of mailing", "certificate of transmission", or "Express Mail" be a good idea (or essential) in this sort of case?

 
Good idea, but there are other options (noting of course that express mail means using a specific service and procedure at the US Post Office and not using some other express mail service such as UPS or DHL).  You can also file a response electronically or even hand deliver the response if you are local to the USPTO.  (I'm in DC).  
 
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Isaac
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Re: office action deadline and fee calculation
« Reply #4 on: May 15th, 2007, 6:39am »
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I think it is $60 late fee (small entity) for the 1st month, $225 for the second?
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