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Me
Joined: 13 Aug 2009
Posts: 16
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 Posted: Thu Oct 22, 2009 11:31 pm Post subject: Correction Priority |
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Im just wondering when do you not need evidence to correct a priority claim?
According to BB 117.07 you only have until the end of the priority year but paragraph 117.20 of the Manual states you have 16months from the priority date (ie R6 period).
Which is correct? |
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tim
Joined: 01 Apr 2009
Posts: 6
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| Posted: Fri Oct 23, 2009 6:07 pm Post subject: |
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| Being a pedant, I suspect they're both correct (because the BB doesn't actually say you can correct "only" in the priority year); however, it seems to me that this is probably a mistake in the BB. The fact that the BB goes on to say "Likewise, correction of PF 7 (statement of inventorship) is permitted within the period permitted for filing this form." strongly suggests they intended to say that priority could be corrected in the period permitted for making the declaration - i.e. 16 months. Ultimately, I would favour the MPP, since this probably better reflect what the Comptroller will actually do in practice. |
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Me
Joined: 13 Aug 2009
Posts: 16
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| Posted: Sat Oct 24, 2009 5:02 pm Post subject: |
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So how would you correct the priority claim - would you just withdraw your previous priority claim and refile a new one before 16mts using PF3 (late declaration) and paying the late declaration fee?
If after the 16mts then you need to file correction using S117 correct? |
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tim
Joined: 01 Apr 2009
Posts: 6
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| Posted: Sat Oct 31, 2009 9:23 am Post subject: |
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| Sounds good to me (but then I don't really know what I'm doing!). |
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