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I filed my provisional on Feb 21, 2016. I'm filing my utility non-provisional US patent, and PCT patents. My 12 months to claim priority ends today, Feb, 20th Washington's Birthday, a USPTO holiday. Can I file them tomorrow and still claim the provisional filing date? This is an absolutely serious question. I'm a small entity, individual inventor, in patent office parlance, I'm 'under-resourced'. Recently it became apparent that the patent needed to wholly rewritten, and I'm doing all the work on my own. Would these factors assist in my getting an extension? Would the extension be good for both US and PCT utility patent applications?

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It seems so for US non provisionals:

https://www.uspto.gov/web/offices/pac/mpep/s211.html#ch200_d1ff71_20a5e_149

MPEP states:

211.01(a) Claiming the Benefit of a Provisional Application [R-07.2015] I.IN GENERAL

When a later-filed application is claiming the benefit of a prior-filed provisional application under 35 U.S.C. 119(e), the nonprovisional application must be filed not later than 12 months after the date on which the provisional application was filed, unless the benefit of the provisional application has been restored. See 37 CFR 1.78(a)(1) and (b) and subsection II, below. If the day that is 12 months after the filing date of a provisional application falls on a Saturday, Sunday, or federal holiday within the District of Columbia, the nonprovisional application may be filed on the next succeeding business day. See 35 U.S.C. 21(b), 37 CFR 1.7(b), and MPEP § 201.04 and § 505.

And

35 U.S.C. 21 Filing date and day for taking action.

(a) The Director may by rule prescribe that any paper or fee required to be filed in the Patent and Trademark Office will be considered filed in the Office on the date on which it was deposited with the United States Postal Service or would have been deposited with the United States Postal Service but for postal service interruptions or emergencies designated by the Director.

(b) When the day, or the last day, for taking any action or paying any fee in the United States Patent and Trademark Office falls on Saturday, Sunday, or a Federal holiday within the District of Columbia, the action may be taken, or fee paid, on the next succeeding secular or business day.

For PCT: Rule 80 http://www.wipo.int/pct/en/texts/rules/r80.htm

80.5 Expiration on a Non-Working Day or Official Holiday

If the expiration of any period during which any document or fee must reach a national Office or intergovernmental organization falls on a day:

(i) on which such Office or organization is not open to the public for the purposes of the transaction of official business;

(ii) on which ordinary mail is not delivered in the locality in which such Office or organization is situated;

(iii) which, where such Office or organization is situated in more than one locality, is an official holiday in at least one of the localities in which such Office or organization is situated, and in circumstances where the national law applicable by that Office or organization provides, in respect of national applications, that, in such a case, such period shall expire on a subsequent day; or

(iv) which, where such Office is the government authority of a Contracting State entrusted with the granting of patents, is an official holiday in part of that Contracting State, and in circumstances where the national law applicable by that Office provides, in respect of national applications, that, in such a case, such period shall expire on a subsequent day;

the period shall expire on the next subsequent day on which none of the said four circumstances exists.

  • Thanks! I found that immediately after asking the question! – Paul Paige Feb 20 '17 at 18:03
  • Your welcome, I edited in the PCT part to cover the whole question. – DonQuiKong Feb 20 '17 at 18:04

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