http://mypatentbar.com/2009/04/28/q-express-mail-100234p/ Patent Bar Review and Study Guide Tue, 07 Feb 2012 03:15:12 +0000 http://wordpress.org/?v=2.9.2 hourly 1 http://mypatentbar.com/2009/04/28/q-express-mail-100234p/#comment-20221 Ricky Wed, 02 Nov 2011 17:50:45 +0000 http://mypatentbar.com/?p=906#comment-20221 To make it more clear," filing reply and two-month extension by July 14", "filing reply and three-month extension by August 14", would bethe correct answers, too. To make it more clear,” filing reply and two-month extension by July 14″, “filing reply and three-month extension by August 14″, would bethe correct answers, too.

]]> http://mypatentbar.com/2009/04/28/q-express-mail-100234p/#comment-20220 Ricky Wed, 02 Nov 2011 17:46:11 +0000 http://mypatentbar.com/?p=906#comment-20220 KF, SSP is 1.136(a) extendable, and 1.136(a) allows you to file extension with reply, even after the deadline set by the examiner, so long as the total time will not exceed 6 months (SSP). And it looks like USPTO will always allow those extension since they can collect more money.......Therefore D is the correct answer, filing reply and one-month extension by June 14, which is the date one month later than orginal deadline May 14. KF, SSP is 1.136(a) extendable, and 1.136(a) allows you to file extension with reply, even after the deadline set by the examiner, so long as the total time will not exceed 6 months (SSP). And it looks like USPTO will always allow those extension since they can collect more money…….Therefore D is the correct answer, filing reply and one-month extension by June 14, which is the date one month later than orginal deadline May 14.

]]> http://mypatentbar.com/2009/04/28/q-express-mail-100234p/#comment-20214 KF Wed, 02 Nov 2011 17:25:32 +0000 http://mypatentbar.com/?p=906#comment-20214 I really don't understand why D is the correct answer. Where does the deadline of June 14th come from? Just because the original reply was due on May 15th and it took the practioner a month past that date to respond? Ok fine, but then how would a reponse on June 14th ever be considered timely as answer D states. Is it because if you are allowed an extension your answer becomes timely, vs. if, for example etensions were not allowed or say you were butting up against the 6 month statutory timeline you could NOT get an extension by requesting it and paying for it, thus not being timely? I really don’t understand why D is the correct answer. Where does the deadline of June 14th come from? Just because the original reply was due on May 15th and it took the practioner a month past that date to respond? Ok fine, but then how would a reponse on June 14th ever be considered timely as answer D states. Is it because if you are allowed an extension your answer becomes timely, vs. if, for example etensions were not allowed or say you were butting up against the 6 month statutory timeline you could NOT get an extension by requesting it and paying for it, thus not being timely?

]]> http://mypatentbar.com/2009/04/28/q-express-mail-100234p/#comment-9876 Overworkked Fri, 22 Apr 2011 17:04:44 +0000 http://mypatentbar.com/?p=906#comment-9876 Note that CFR 1.136 lets you file for an extension of time even if you are past the shortened deadline. Thus all is not lost (yet). Note that CFR 1.136 lets you file for an extension of time even if you are past the shortened deadline. Thus all is not lost (yet).

]]> http://mypatentbar.com/2009/04/28/q-express-mail-100234p/#comment-3737 Phirebird Sat, 28 Aug 2010 04:12:54 +0000 http://mypatentbar.com/?p=906#comment-3737 No, it looks like they leave an out in CFR 1.10(d). If applicant is not happy with the "date-in" stamp because he thinks it is incorrect or accidentally omitted, then he can petition to have a provable deposit date be used as the "date-in"/PTO receipt date. But that option requires that the Express Mailing label number be placed on all the correspondence. No, it looks like they leave an out in CFR 1.10(d). If applicant is not happy with the “date-in” stamp because he thinks it is incorrect or accidentally omitted, then he can petition to have a provable deposit date be used as the “date-in”/PTO receipt date. But that option requires that the Express Mailing label number be placed on all the correspondence.

]]> http://mypatentbar.com/2009/04/28/q-express-mail-100234p/#comment-3551 Stephen Sat, 14 Aug 2010 18:56:10 +0000 http://mypatentbar.com/?p=906#comment-3551 If the Express Mailing label had been placed on the response this still would have been filed late right? It says in the MPEP tough luck if the "date in" isn't clearly marked. It says the applicant takes the risk of using express mail in a drop box. Any thoughts? If the Express Mailing label had been placed on the response this still would have been filed late right? It says in the MPEP tough luck if the “date in” isn’t clearly marked. It says the applicant takes the risk of using express mail in a drop box. Any thoughts?

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