[Patentpractice] Continuation from provisional?

[Katherine Koenig]

For priority/benefit claims, does the ADS or statement in the Specification control?

On a published application, the Related US Application Data (1st page) states the application is a "continuation of application No. [X], filed on [Date]."  That App. No. [X] is a provisional, 63-series.  The ADS also provided that the application is a "continuation" of App. No. [X] (provisional, 63-series).  The application was filed by a pro se inventor, so this was (I assume) an inadvertent error.

However, the body of the Specification sates "This application is a nonprovisional filing with priority to a provisional application, No. [X], filed on [Date]."

Can the application properly be considered to be a continuation of the earlier provisional for patent term calculation?  In other words, does patent term begin at the provisional filing date or the current application filing date?

Best regards,

Katherine

Dr. Katherine Koenig
Registered Patent Attorney
Koenig IP Works, PLLC
2208 Mariner Dr.
Fort Lauderdale, FL 33316
(954) 903-1699
katherine at koenigipworks.com<mailto:katherine at koenigipworks.com>

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