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Pending continuation applications advantageously provide flexibility to tailor patent claims as infringing products enter the market. Historically, it has often been advantageous to file such applications without fees and utilize extensions of time to essentially “buy” time before an examiner acts on the application (which may require substantive work and associated attorneys’ fees to draft a response, etc.). Also, applicants may wish to delay paying U.S. Patent and Trademark Office (USPTO) fees for a variety of reasons including managing liquidity.
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