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Questions tagged [filing-date]

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2 votes
1 answer

Can the applicant add new claims to their application in response to a rejection?

Let's suppose that a patent application has 10 claims, first submitted on 01/01/2024. A year later, the examiner rejected 1 of the 10 claims. In response to this rejection, the applicant modified the ...
Bear Bile Farming is Torture's user avatar
1 vote
1 answer

Is the "Notification Date" the same as the "Mailing Date of [the Office Action]"? ...and relating ambiguities

An NFOA includes that the "[s]hortened statutory period for reply is set to expire 3 months from the mailing date of [that] communication"; however, the language mailing date appears rather ...
PatentosPite's user avatar
1 vote
1 answer

How is "actual filing date" defined?

Regarding U.S. patent law under the Leahy-Smith America Invents Act, I'm wondering how the phrase actual filing date is defined (37 CFR §1.109). What value does the USPTO use as the official actual ...
Jim Fischer's user avatar
1 vote
1 answer

Filing Date of abandoned patent applications:effective filing date?

To determine the earliest effective filing date of a US patent application: Can the filing date of an abandoned US patent application be the effective filing date? Example US 9,220,781 B2 (application ...
Juergen Moser's user avatar
1 vote
1 answer

Is it possible to file for patents in Australia within 1 year of US patent publication?

Like the US, Australia has a 1 year period after public disclosure during which we can still obtain a patent. I have filed in the US, and the patent was published at the 18 month mark. There were no ...
XRRX's user avatar
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1 vote
1 answer

Reasons behind extraordinarily long waiting times since patent filing date?

This answer claims that the average time to obtain a patent from the USPTO in 2015 was around 32 months. If a patent is pending for significantly longer than this period (say, 5 - 6 years from the ...
The Pointer's user avatar
4 votes
2 answers

When exactly do you lose the provisionals priority?

After reading some previous questions about provisionals, especially from inventors wanting to write them themselfs and consult an attorney only for the non provisional, I was wondering, how much do ...
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