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3.11.1.14 Date of a Patent Where an Extension of Time is Granted to Claim Priority

Date Published

Where an extension of time under section 223 is granted to extend the period for filing a complete application associated with a provisional application, or for filing a convention application, the date of the patent will be the end of the 12-month period for filing an associated application or filing a convention application - not the date on which the application was actually filed.  See regulation 6.3(9)-(11), respectively.

For such cases the due date for payment of continuation/renewal fees is not the anniversary of the date of actually filing the application - rather it is the anniversary of when the application should have been filed.

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