Hi Ladies & Gents,
Haven't been here for some time. But now that I seem to be in a pickle I need to ask a few questions for advice.
I filed a US provisional in March '10, replaced it timely w/ RPA in March '11.
At March US RPA filing, it wasn't indicated to file PCT w/in that 12 month priority-preserving period for PCT for international protection (thought the invention would only be viable RPAin the US). Here, and now after 16 months of filing provisional/4 months after the RPA (claiming priority from the provisional)...we've unexpected European and Asian demand for the product. Thus I must file PCT and internationally. Am tempted to file claiming priority on my March '11 RPA & hope its not noticed, therewithin I claimed priority to provisional. Am I'm "stuck"...no priority available whatsoever because of the provisional 16 months ago? Must I claim no priority thereto, because they will "bounce" my application if I do so claim? If I only claim priority to my March '11 RPA, can I get "in trouble"? If so, what trouble or sanction would apply? Why CAN'T I claim March '11 priority?