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Question: Say I file a provisional in 01/2014 and publish it in a journal in 04/2014 invoking “patent pending.” Do I have to file a non-provisional before 1. 01/2015 (1 year after provisional, claiming the priority date) or 2. 04/2015 (1 year after provisional, claiming the priority date) or 2. 04/2015 (1 year after public disclosure, assuming I do not claim the priority date of my expired provisional AND nobody else tried to patent it after the disclosure)?

 

Answer: If you are not concerned about maintaining the benefit of your provisional filing date, then you can file by April 2015.

 

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