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Getting an extension for patent claiming priority beyond 12 months?

I filed my provisional patent 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.
I'm a small entity, individual inventor, and 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?
« Last Edit: February 20, 2017, 11:26:27 AM by Brad »

Brad

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Re: Getting an extension for patent claiming priority beyond 12 months?
« Reply #1 on: February 20, 2017, 11:28:46 AM »
There are no extensions.   However, if you filed on February 21, 2016 you have until February 21, 2017 to file.

If money is really tight you could file your PCT first, then you can file your USA application that links back to your PCT anytime within the next 18 months.   The end results will be one USA app and one PCT app but you are spreading the costs out.

Sadly the PCT fee will sometimes be $3,000 or so all by itself.

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Re: Getting an extension for patent claiming priority beyond 12 months?
« Reply #2 on: February 20, 2017, 02:21:56 PM »
Thanks! I thought there was a method of asking for an extension on the one year limit due to, I guess, extenuating circumstances.  I must have misunderstood.  And the PCT will cost me $1741 as micro-entity according to the USPTO's PCT helpline. Still a big amount to come up with.
Just to verify, if filing electronically, I have until 5:00 pm close of business at the USPTO in DC, or midnight my time zone (Pacific)?

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Re: Getting an extension for patent claiming priority beyond 12 months?
« Reply #3 on: February 20, 2017, 04:01:14 PM »
For the USA case you have until midnight 11:59pm EST to file.   I don't know on the PCT rules and to play it extra safe I would make sure you file today or early tomorrow because it will be the 22nd in some parts of the world before its the 22nd in the US. 

Also, although there are not "extension", in some rare cases you can file up to 14 months later and file a petition to restore benefit to your provisional.  The petition fee for this is $850 on top of the normal fees and its only granted if the delay was "unintentional" (e.g. you did not know about the deadline).  In your case you know about the deadline and lack of funds and/or preparation is probably not enough to have the petition approved.
« Last Edit: February 20, 2017, 04:10:59 PM by Brad »
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Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.