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Re:international right of priority (1 viewing) (1) Guest
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TOPIC: Re:international right of priority
#2025
Henkel (User)
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international right of priority 2 Months, 2 Weeks ago Karma: 0  
I was wondering if someone could help me out with a question I just came across? If there was a non-provisional application filed in the U.S. on Aug. 30, 2007 and I want to file an application with the PCT (Patent Cooperation Treaty), do I have until Sept. 2, 2008 or Aug. 30, 2008? I can only seem to find a statute discussing a provisional application under 35 USC 119(e)(1). If anyone has the answer to this, please let me know, and where in the statutes this issue is addressed. I am 99% sure I would have until Sept. 2, 2008, but just making sure. Thanks!
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#2026
Tomas (User)
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Re:international right of priority 2 Months, 2 Weeks ago Karma: 3  
Yes, but please note that certain national/regional offices will not allow resinstatement of priority rights under the "unintentional" criteria. For those offices (EPO for instance), you will have to prove that all due care has been takeikn, which might not be always accepted.
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