As technology developers make New Year’s resolutions regarding patent filings for 2012, the “Imitation Two-Year Provisional Patent Application” may be a tool worthy of consideration. The U.S. Patent Office (“Patent Office”) has extended, until the end of 2012, what it calls the “Extended Missing Parts Pilot Program.” In essence, this program attempts to imitate what a true two-year provisional application would provide, but it sidesteps international priority risks and patent term issues and necessitates a few extra steps to achieve the “imitation.” Another caveat is that applicants must still file a non-provisional patent application and must still file internationally, if that protection is so desired, both within 12 months of filing a provisional application. The good news under this program, and what makes the program worthy of consideration, is that applicants now have an additional 12 months after filing the non-provisional from which to file any “missing parts,” including perhaps the most beneficial portion of the program—postponement of payment of search, examination, and any excess claims fees. For many entities, the postponement of these fees could be significant.
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