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[blaine235]

I was wondering if someone could help me out with a question I just came across?  If there was a non-provisional application filed in the U.S. on Aug. 30, 2007 and I want to file an application with the PCT (Patent Cooperation Treaty), do I have until Sept. 2, 2008 or Aug. 30, 2008?  I can only seem to find a statute discussing a provisional application under 35 USC 119(e)(1).  If anyone has the answer to this, please let me know, and where in the statutes this issue is addressed.  I am 99% sure I would have until Sept. 2, 2008, but just making sure.  Thanks!

[JimIvey]

From Article 4(C)(3) of the Paris Convention:

If the last day of the period is an official holiday, or a day when the Office is not open for the filing of applications in the country where protection is claimed, the period shall be extended until the first following working day.

Emphasis added.

Now, it's someone else's turn to find the authoritative link for the US Receiving Office of the PCT -- namely, that US holidays/weekends apply to the US RO as well as the national PTO.  I'm assuming the PCT application will be filed in the US RO.

Regards.

[Wiscagent]

"do I have until Sept. 2, 2008 or Aug. 30, 2008"

Neither, the applicant now has up to 14 months to claim priority if missing PCTdeadline was (a) "unintentional"; or (b) occurred despite "due care".

[alconada]

"do I have until Sept. 2, 2008 or Aug. 30, 2008"

Neither, the applicant now has up to 14 months to claim priority if missing PCTdeadline was (a) "unintentional"; or (b) occurred despite "due care".

Yes, but please note that certain national/regional offices will not allow resinstatement of priority rights under the "unintentional" criteria. For those offices (EPO for instance), you will have to prove that all due care has been takeikn, which might not be always accepted.

[blaine235]

Does one look to the Paris Convention for PCT authority, i.e. the Paris Convention lays out the rules to the PCT deadlines?  Thanks!

[JimIvey]

I'm no expert in international law, but my understanding is that the Paris Convention sets minimum standards for allowing priority claims and that member states are free to allow even later claims of priority -- at least that's the only thing that makes sense to me as to how the PCT can allow 14 months.

Regards.