How does the Patent Law Treaties Implementation Act (PLTIA) affect provisional application benefits?
The Patent Law Treaties Implementation Act (PLTIA) has introduced important changes regarding the benefit claims for provisional applications. According to MPEP 2133.02(a):
“Effective December 18, 2013, title II of the Patent Law Treaties Implementation Act (PLTIA) provides for restoration of the right to claim benefit of a provisional application filed after the expiration of the twelve-month period in 35 U.S.C. 119(e).”
This change allows applicants to potentially restore the benefit of a provisional application even if the non-provisional application is filed more than 12 months after the provisional. This can be crucial in overcoming certain prior art rejections, as it may allow the applicant to claim an earlier effective filing date. However, specific requirements and procedures must be followed to take advantage of this provision.
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