Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[smallinventor]

Hello,

I've been delayed (for various reasons not worth getting into) in filing my PCT application and would like to check in with the wisdom at this forum. Here are the relevant dates:

13 November 2010: filed a US provisional application.
April 2011: filed a Canadian patent application, referring to the US provisional application

Tomorrow is Sunday, 13 November 2011, the deadline for filing a PCT application. However, because it will be a Sunday, I would like to know if the actual deadline for filing the PCT would be the next business day, Monday the 14th. (I'm running into some hassles with the PCT-SAFE electronic filing process, so would like to get tech support on Monday.)

Thanks in advance for your response.

[NJ Patent1]

If the USPTO is ur receiving office, u should be OK w/ Monday, most likely even if not, but would need to dbl chk PCT Rules to give 100% thumbs-up.

[Robert K S]

http://www.patentlyo.com/patent/2007/07/no-revival-for-.html

[smallinventor]

Thanks for the replies. Based on the info in this link:
http://ipparalegals.com/media/blogs/workaround-workshop/when-is-that-application-due/
it seems that the deadline for filing with the US as a receiving office would be tomorrow. I haven't been able to find info regarding the deadline for filing with Canada as a receiving office, so it looks like I should file through the US office. (I happen to be a Canadian resident and citizen.)

Thanks for any other comments you might have.

[NJ Patent1]

Smallinventor:  I'll check if I have a chance.  Suggest you do also.  Normally, you must have at least on US inventor to use the USPTO as the RO.  If the USPTO is not a proper RO, they will forward to WIPO, but the filing date would be the date of receipt by WIPO. 

[NJ Patent1]

35 U.S.C. 361 Receiving Office.

(a) The Patent and Trademark Office shall act as a Receiving Office for international applications filed by nationals or residents of the United States. In accordance with any agreement made between the United States and another country, the Patent and Trademark Office may also act as a Receiving Office for international applications filed by residents or nationals of such country who are entitled to file international applications

I don't know if there is an agreement btw US an Canada.  Worth a call to the PCT help desk b4 you risk blowing your priority date. 

[smallinventor]

Thanks NJ for looking into that. I was certainly thinking of checking before filing with the USPTO as the receiving office; from what I can see, Canada also has a similar policy with respect to extending deadlines from non-business days to the subsequent business day, so it looks like CIPO might be a better choice of receiving office.
http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00114.html

Thanks again.

[JimIvey]

I believe the extension for weekends and holidays is not limited to the USPTO but is specified in the Paris Convention Treaty itself.  I'm pretty sure Sunday deadlines are extended to Mondays through the Paris Convention, though you'd want to check to be sure.

Regards.

[patient]

Jim is correct. The extension from deadlines ending on a Sunday to the following working day is specified in PCT Rule 80.5.

http://www.wipo.int/pct/en/texts/rules/r80.htm#_80_5

Best regards