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Joined: 2012-06-24 07:31:51
Posts: 33
Hi,

given a shortened statutory period of 1 month and a date of mailing of the office action of october the 1st, when will be the last day the USPTO accepts a reply to that office action as filed properly without the need for petition to extent the period and pay some fee?

Will it be the last day of october as on November the 1st, one month is over?
Or would it be November the 1st as the shortened statutory period of 1 month extends until 11.59pm of the same day of the month the office action was mailed?

Can anyone point me to the particular page of the USPTO web site where this might be found (didn't find it although I had searched quite a while).

Best regards
Gerd


2012-10-29 21:01:24
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Joined: 2012-01-10 00:06:46
Posts: 21
See MPEP 710 et seq.

http://www.uspto.gov/web/offices/pac/mpep/s710.html


2012-10-30 08:57:59
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Joined: 2012-06-24 07:31:51
Posts: 33
Hi,

thank you very much.
I think I have been on that page before, but it seems I somehow did not see the 710.01(a).

So if the office action was mailed on Oct 1, one can reply (e.g. by facsimile) until Nov 1, 11:59pm, unless Nov 1 would be a saturday, sunday or public holiday or the office would be closed (maybe because of a hurricane), where the reply could be timely filed until 11:59pm of the next day the office is open. Right?

Regards,
Gerd


2012-10-30 15:35:36
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Joined: 2012-04-20 15:16:37
Posts: 33
Yes, that is correct. Keep in mind that we are talking Alexandria, VA time, EST.


2012-10-30 17:00:38
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Patent Practitioner

Joined: 2012-01-20 17:49:57
Posts: 67
How is the "Office closed" scenario (and in fact the "time in" aspect as well) going to work now that we have more than one Office, and will soon have Offices in more than one time zone?


2012-10-31 11:40:46
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Joined: 2012-04-20 15:16:37
Posts: 33
As far as it currently stands all responses are received in Alexandria, VA, and the conditions are those in Alexandria. The receipt of papers and responses has not been decentralized yet. At any rate the PTO would have to publish new guidelines in that respect, and they have not.


2012-10-31 15:52:25
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Patent Practitioner

Joined: 2012-01-20 17:49:57
Posts: 67
Thanks cpa34,

I would not put it past the government for the Office in San Jose (when it opens) to tell someone that it is interacting with that they first must send the information to Washington to be processed before the person in San Jose can consider the information "in" the Office.

Heaven forbid we make access real-time 24/7 and non site specific. Why would we ever want to be that efficient? ;)


2012-11-02 06:48:51
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Joined: 2012-04-20 15:16:37
Posts: 33
Yes, that appears to be very inefficient. I imagine though that there might be other problems. I can see a problem with filing original applications. Are the applicants going to be performing the filtering and deciding that something falls within what is examined in Detroit or San Jose? For that alone it appears reasonable to keep a centralized submission system. At any rate, most filings are already digital, and even papers merely get scanned and then routed, and faxes are not "printed", but digitized. This is all 24/7 and available anywhere in the world. The whole Alexandria VA time seems to be a relic of the past, but they do need a convention (when does a day start? when does it end?). I don't think it is too much to ask of a California practitioner to submit documents by 9 pm. And if that attorney is working to that limit, and misses it, then probably paying the extension or revival fee is the price for procrastination. A bad situation can happen if a California attorney files an application claiming priority the last day of the one year period and misses the 9 pm deadline. Sure, the Application will be entered, a day later, and the priority lost forever (that cannot be petitioned away). But I think that an attorney waiting to the last hours of the last day of the deadline and missing that deadline probably has earned the rage of the client.


2012-11-08 17:20:11
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Joined: 2012-06-24 07:31:51
Posts: 33
Hi,

that attorney could still file a PCT in Canada, couldn't he?

Btw., what is the country with the latest time zone that accepts electronic (or fax) filing of PCT application?

Regards,
Gerd


2012-11-08 19:02:39
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Joined: 2012-01-30 01:41:51
Posts: 22
if desperation calls, you can always check country-by-country to see who has a national holiday and file the next day via that country.

Don't ask how I know this :oops:


2012-11-09 01:22:38
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Joined: 2012-06-24 07:31:51
Posts: 33
Hi,

is there a website where you have an overview of "In these countries there was a national holiday yesterday"?

Might be an interesting business model :)

Once I filed 3 minutes before midnight due to a severe computer crash. Of course I had filed a non-final version of the application the day before, so not that much would have been lost. But that one hour before midnight trying to geht the computer up and running again took me a year of my lifetime (at least with respect to the color of my hair).

Gerd


2012-11-09 04:31:51
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Joined: 2012-01-30 01:41:51
Posts: 22
Don't know about a website-- there was some scrambling around EP calendars which listed holidays...go Iceland!


2012-11-09 10:29:13
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Joined: 2012-04-20 15:16:37
Posts: 33
Well, sure, PCTs might be available in the case of a computer crash. But I would suggest that perhaps it is cost efficient and certainly better for your health to immediately have backup plans for such eventualities, particularly if you routinely wait for the last day of the filing period (which is the most common situation). So invest in automatic backup systems and have more than one PC available. It seems more solid than hunting for the country that is still available for PCT filings or hoping for a holiday somewhere. Besides, if you have a serious crash, what guarantees do you have that it can be fixed before midnight somewhere instead of 48 hrs from that time? How much do those backup systems cost? How much can it cost to get sued for malpractice?


2012-11-14 10:51:12
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