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July 19, 2007

Comments

Another possible pitfall, with the wording of the US statutes/regulations anyway, is that in some cases they read that the filing is timely if filed "on the next business day." Therefore, a filing is NOT timely (by a strict reading) if it is due on a Saturday but is filed Sunday (which is before the next business day, but not "on" the next business day).

This is a recollection from a patent bar review course, and I haven't checked the specific wording, but nevertheless the point is to be cautious and follow the language of the statute/reg.

Sean,
Thanks for the additional cautionary note. While I suppose the USPTO could try and make the argument you note in your comment, I imagine that a simple phone call to the Examiner or PTO would convince them to accept such a submission as timely. In the sea of potential issues that arise during prosecution, I don't imagine this would be one that an Examiner or the Office would want to push, or take to a review board or court.

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