[Patentpractice] Continuation from provisional?

[David Boundy]

What REALLY controls is the filing receipt.  If that doesn't say what you
want it to say. file a petition to correct/add omitted benefit claim.

On Fri, May 3, 2024 at 12:57 PM Katherine Koenig via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> 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
>
>
>
> *Targeted Intellectual Property Strategy*
>
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