7.26.2007

Patent Law Blog (Patently-O): No Revival For "Unintentional" Missed National Stage Filing Date (Delay Must Be Unavoidable)

Patent Law Blog (Patently-O): No Revival For "Unintentional" Missed National Stage Filing Date (Delay Must Be Unavoidable): "ATA originally filed an Australian provisional patent application on July 8, 1997. Exactly one year later (on July 8, 1998) ATA filed its international PCT Application. In the US, a PCT applicant can wait 30 months to file its national stage application. ATA was actually given an extra two-days because the 30–month deadline of January 8, 2000 fell on a weekend.

Unfortunately, the January 10, 2000 deadline came and went — The PTO did not receive the national stage conversion until the next day January 11, 2000. By that time, however, the application had been abandoned."