[Patentcenter] Refusal to correct priority claim listing

Robert Lelkes mail at lelkes-ip.com
Tue Jun 10 17:42:26 UTC 2025


 

Submitted by Robert Lelkes, US patent attorney:  

 

I filed a CIP application prior to the 1/19/25 date on which 37 CFR 1.17(w)
went into effect to avoid the additional fee. The USPTO issued an Official
filing receipt after 1/19/25 with an incomplete list of applications from
which the CIP application claimed benefit.  The USPTO pointed out that there
was an error in the format used to present the PCT application numbers in
which five, instead of six, digits were shown after the four digit year.
When we submitted a corrected ADS, we received a communication stating that
we must now pay the fee due under 37 CFR 1.17(w) and the petition fee for
late submission of the claim to priority benefit.  

 

Have any of you seen this kind of thing from an Application Assistance Unit?
If so, have you been successful with overcoming it with a petition under 37
CFR 1.182 or 1.183?   

 

 

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