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April 04, 2010

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I think the PTO proposal is very misleading because it is not extending a prov to 24 months, just providing a really long response period for the Missing Parts. You still have to file a full application that describes and enables everything you want to claim. As others have noted, the real expense of filing an application is in writing a solid application, not the PTO fees. And, if you are filing internationally, you still have to file your PCT at the 12 month date (you can enter the US via the PCT to delay US fees already).

And, if Congress ever did change provisional pendency to two years (as suggested by IPWatchdog) it would be a nightmare for international priority purposes, since the Paris Convention only lets you go back one year.

Do you know why there will be a restriction on the non-publication request? Because of the focus on increasing the prior art, or is there an international treaty element that I am missing?

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