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Author Topic: Question regarding time extensions  (Read 1904 times)

drbackspin

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Question regarding time extensions
« on: 01-13-18 at 03:58 pm »

This is my first visit to this site, I am posting this question since the search function does not seem to be working, or else my computer has a problem processing the search.  I filed for a non-provisional utility patent and received a notice of allowance.  I have paid the issue fee online, the deadline is Jan 16.  Apparently I was issued a letter on 10-26-2017 stating that my specification is missing page numbers and I have two months to reply.  I don't remember seeing the letter, so I missed the 12-26-2017 deadline to reply, but it says I can extend it by 2 months. I happened to notice it when I logged into my USPTO account online.   Can I still reply by paying a fee even though it is past the initial deadline of two months beyond the 10-26-2017 letter date?  I am confused by the USPTO explanations on their web site and they are closed today.  Thank you!
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ThomasPaine

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Re: Question regarding time extensions
« Reply #1 on: 01-13-18 at 06:14 pm »

You can pay a one month extension and file the reply by January 26.

It sounds like you got a requirement having a non-statutory period for reply.  Generally speaking, any non-statutory time period can be extended by 5 months.  But I don't recommend you do that.

File the reply by January 26 and pay the one month extension.
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MYK

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Re: Question regarding time extensions
« Reply #2 on: 01-14-18 at 06:36 am »

The fee gets higher each month, also.  So it will save you a couple hundred dollars to get it done within the next ten-ish days.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

drbackspin

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Re: Question regarding time extensions
« Reply #3 on: 01-14-18 at 04:37 pm »

Thank you so much for the quick replies.  I was so worried, and now I can relax a bit.  It looks like there may be a document, a petition or something I need to submit so I'll call the USPTO Monday to clarify what needs to be done.  Looks like a $100 fee so far for one month, small entity.  Regards, Mark
;;;
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Tobmapsatonmi

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Re: Question regarding time extensions
« Reply #4 on: 01-14-18 at 07:20 pm »

https://archive.opm.gov/Operating_Status_Schedules/fedhol/2018.asp

Note tomorrow's the federal holiday honoring Dr. King's birthday and the PTO is closed for federal holidays, so call Tuesday instead.

Also, while Thomas Paine is generally right about up to 5 months, in this particular situation (correction to be made following issue fee payment) the forms I've received in this situation have always stated that up to 2 months only are permitted for extension.  Don't know what the authority for that is, but that's what they recite.

But of course, as Thomas also mentioned, since you just need to submit the specification page-numbered, do it before Jan 26.  Along with the 1-month extension and a cover letter stating that your page numbered spec is being submitted in reply to the Notice of (whatever they called it - Notice to File Corrected Application Papers, whatever it was titled) issued by the Office on October 26, 2017.
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drbackspin

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Re: Question regarding time extensions
« Reply #5 on: 01-14-18 at 10:16 pm »

Thank you again everyone!  I'll definitely sleep better tonight not worrying about this. 
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