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Re: freakishlykeen post# 36383

Wednesday, 06/15/2011 4:24:04 PM

Wednesday, June 15, 2011 4:24:04 PM

Post# of 92684
A foreign patent being granted can speed up the US process, but I doubt its anything like right away. The rule is that if the US patent application claims the priority of the prior foreign patent, then the US patent is granted an effective filing date equal to that of the foreign one. In SFIO's case, their US patent application does properly claim priority in paragraph 0001 of the description, which makes its priority date May 2007 instead of May 2008.

Having the earlier priority date helps to prove the novelty of the invention and ultimately to grant and defend the patent, but its not clear whether it will speed up the process or not...

http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_55.htm
http://www.uspto.gov/web/offices/pac/mpep/documents/0200_201_13.htm
http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_119.htm

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