claiming provisional

[marigny]

This may be a dumb question, but if you want to claim the benefit of your provisional-can you express mail it in the exact day your provisional was expressed in-one year later? If my provisional is dated Aug 16, 2007, can I express mail in the utility app August 16, 2008-or would I have to express it in BY August 16, 2008? Or by midnight Aug 16, 2008? Thanks!

By the way, I am esplanade on the other posts and thank you for answering all my questions. I tried to respond but I have a very hard time logging in on this site. It keeps saying I am giving the wrong passwords when I am not. Even when I create additional accounts I still have problems. Anyway, thanks for all your help!

 

[divgradcurl]

This may be a dumb question, but if you want to claim the benefit of your provisional-can you express mail it in the exact day your provisional was expressed in-one year later? If my provisional is dated Aug 16, 2007, can I express mail in the utility app August 16, 2008-or would I have to express it in BY August 16, 2008? Or by midnight Aug 16, 2008? Thanks!

By the way, I am esplanade on the other posts and thank you for answering all my questions. I tried to respond but I have a very hard time logging in on this site. It keeps saying I am giving the wrong passwords when I am not. Even when I create additional accounts I still have problems. Anyway, thanks for all your help!

This is not a stupid question -- calculating dates and times in the USPTO can be confusing.

The answer to your question is found at 35 U.S.C. 119(e)(1): the nonprovisional application must be "filed not later than 12 months after the date on which the provisional application was filed." (emphasis added).

If you file the provisional on Aug 16 2007, and it was 12 months from the filing date, you would need to file the nonprovisional by Aug 15, 2008 -- but since the statute is written as 12 after the filing date, you need to file the nonprovisional by Aug 16, 2008.

And if Aug 16, 2008 is a Saturday, Sunday, or national holiday, you can file the next business day and still be timely. See 35 U.S.C. 199(e)(3).

http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_119.htm#usc35s119