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Can you get two priority dates for the price of one provisional application? Yes. This is clear from 35 USC § 121 which provides (emphasis added): If two or more independent and distinct inventions are claimed in one application, the Director may require the application to be restricted to one of the inventions. If the other invention is made the ...


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The rule on this is quite tidily stated at MPEP § 211.05(I)(A) (which I hope will suffice as a legal reference of some nature): [F]or a claim in a later filed nonprovisional application to be entitled to the benefit of the filing date of the provisional application, the written description and drawing(s) (if any) of the provisional application must ...


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You are mixing two concepts there. Priority: is in short the date up to which prior art publications can invalidate a claim. The priority date of the claim will be 2000. A publication from 2005 cannot invalidate the claim. (The claim needs to be fully supported by the original description though.) Provisional rights: As I explained in this answer, someone ...


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The second provisional filing does not affect the validity of the first one at all. You could freely claim priority to just the first one if you wanted. In addition, in the US, you could validly file a non-provisional application based on the second provisional only, at any point within 12 months of the second provisional's filing date if you wanted. The ...


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US patent system has a provision under USC 154 which awards days equal to amount of days that patent application has spent in the prosecution at USPTO after the statutory limit of three years. The patent has a PTA of 1854 under USC 154 (b). Which is to be added to the actual expiry.


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Yes - The key issue is "with a priority date that is less than a year ago". The date of the grant is a non-issue. As mentioned in a comment by OP @Keir Finlow Bates a US patent can issue very quickly. It could be a Track I or moved to the front of the queue due to age or ill health. And Yes, they get the same priority date as the US application. As @...


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I am not a US expert so I hope someone else will pop-in as well to add more info. But in a nutshell, there is a linkage between the date you disclose something and the disclosure itself and it is called "priority date". It seems that your attorney wants to ensure you get the maximum opportunities as possible and include this added feature to the PCT ...


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