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<SEC-DOCUMENT>0001157523-09-000280.txt : 20090115
<SEC-HEADER>0001157523-09-000280.hdr.sgml : 20090115
<ACCEPTANCE-DATETIME>20090115170950
ACCESSION NUMBER:		0001157523-09-000280
CONFORMED SUBMISSION TYPE:	NT 10-K
PUBLIC DOCUMENT COUNT:		1
CONFORMED PERIOD OF REPORT:	20081031
FILED AS OF DATE:		20090115
DATE AS OF CHANGE:		20090115
EFFECTIVENESS DATE:		20090115

FILER:

	COMPANY DATA:	
		COMPANY CONFORMED NAME:			COPYTELE INC
		CENTRAL INDEX KEY:			0000715446
		STANDARD INDUSTRIAL CLASSIFICATION:	COMPUTER PERIPHERAL EQUIPMENT, NEC [3577]
		IRS NUMBER:				112622630
		STATE OF INCORPORATION:			DE
		FISCAL YEAR END:			1031

	FILING VALUES:
		FORM TYPE:		NT 10-K
		SEC ACT:		1934 Act
		SEC FILE NUMBER:	000-11254
		FILM NUMBER:		09529124

	BUSINESS ADDRESS:	
		STREET 1:		900 WALT WHITMAN RD
		CITY:			MELVILLE
		STATE:			NY
		ZIP:			11747
		BUSINESS PHONE:		5165495900

	MAIL ADDRESS:	
		STREET 1:		900 WALT WHITMAN ROAD
		CITY:			MELVILLE
		STATE:			NY
		ZIP:			11747
</SEC-HEADER>
<DOCUMENT>
<TYPE>NT 10-K
<SEQUENCE>1
<FILENAME>a5872703.txt
<DESCRIPTION>COPYTELE, INC. NT 10-K
<TEXT>

                                 UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                                   FORM 12b-25

                           NOTIFICATION OF LATE FILING


(Check One):  X Form 10-K     Form 20-F     Form 11-K     Form 10-Q    Form 10-D
             ---           ---           ---           ---          ---

                Form N-SAR    Form N-CSR
             ---           ---


                  For Period Ended:   October 31, 2008
                                   ----------------------

                  [    ]   Transition Report on Form 10-K
                  [    ]   Transition Report on Form 20-F
                  [    ]   Transition Report on Form 11-K
                  [    ]   Transition Report on Form 10-Q
                  [    ]   Transition Report on Form N-SAR
                  For the Transition Period Ended:______________________________


  Read Instruction (on back page) Before Preparing Form. Please Print or Type.

Nothing in this form shall be construed to imply that the Commission has
verified any information contain herein.


If the notification relates to a portion of the filing checked above, identify
the Item(s) to which the notification relates:

- --------------------------------------------------------------------------------
PART I -- REGISTRANT INFORMATION

        CopyTele, Inc.
- --------------------------------------------------------------------------------
Full Name of Registrant


- --------------------------------------------------------------------------------
Former Name if Applicable


        900 Walt Whitman Road
- --------------------------------------------------------------------------------
Address of Principal Executive Office (Street and Number)


        Melville, NY  11747
- --------------------------------------------------------------------------------
City, State and Zip Code


PART II -- RULES 12b-25(b) AND (c)

If the subject report could not be filed without unreasonable effort or expense
and the registrant seeks relief pursuant to Rule 12b-25(b), the following should
be completed. (Check box if appropriate)

        (a) The reasons described in reasonable detail in Part III of this form
            could not be eliminated without unreasonable effort or expense;

[X]     (b) The subject annual report, semi-annual report, transition report on
            Form 10-K, Form 20-F, Form 11-K, Form N-SAR or Form N-CSR, or
            portion thereof, will be filed on or before the fifteenth calendar
            day following the prescribed due date; or the subject quarterly
            report or transition report on Form 10-Q or the subject distribution
            report on Form 10-D, or portion thereof, will be filed on or before
            the fifth calendar day following the prescribed due date; and

        (c) The accountant's statement or other exhibit required by Rule 12b-25
            (c) has been attached if applicable.


PART III -- NARRATIVE

State below in reasonable detail the reasons why Forms 10-K, 20-F, 11-K, 10-Q,
10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be
filed within the prescribed time period.

(Attach extra sheets if needed)

CopyTele, Inc. (the "Registrant") is filing this Form 12b-25 to report that it
is unable to file its Annual Report on Form 10-K for the year ended October 31,
2008 within the prescribed time period without unreasonable effort or expense,
because certain aspects of the Registrant's review process with respect to its
financial statements have not been completed prior to the required filing date.
<PAGE>

PART IV -- OTHER INFORMATION

(1)  Name and telephone number of person to contact in regard to this
     notification
<TABLE>
<CAPTION>
<S>                                                                            <C>                  <C> <C>
     Denis A. Krusos, Chairman of the Board and Chief Executive Officer        631                  549-5900
     ------------------------------------------------------------------     -----------         ------------------
                           (Name)                                           (Area Code)         (Telephone Number)
</TABLE>
(2)  Have all other periodic reports required under Section 13 or 15(d) of the
     Securities Exchange Act of 1934 or Section 30 of the Investment Company Act
     of 1940 during the preceding 12 months or for such shorter period that the
     registrant was required to file such report(s) been filed? If answer is no,
     identify report(s). Yes _X_ No

     Quarterly Report on Form 10-Q for the quarterly period ended July 31, 2008

(3)  Is it anticipated that any significant change in results of operations from
     the corresponding period for the last fiscal year will be reflected by the
     earnings statements to be included in the subject report or portion
     thereof? X Yes No

     If so, attach an explanation of the anticipated change, both narratively
     and quantitatively, and, if appropriate, state the reasons why a reasonable
     estimate of the results cannot be made. See Exhibit A.

================================================================================

                                 CopyTele, Inc.
                  (Name of Registrant as Specified in Charter)

has caused this notification to be signed on its behalf by the undersigned
hereunto duly authorized.

Date:   January 15, 2009        By: /s/ Denis A. Krusos
     -------------------        ------------------------------------------------
                                Denis A. Krusos, Chairman of the Board and Chief
                                Executive Officer

INSTRUCTION: The form may be signed by an executive officer of the registrant or
by any other duly authorized representative. The name and title of the person
signing the form shall be typed or printed beneath the signature. If the
statement is signed on behalf of the registrant by an authorized representative
(other than an executive officer), evidence of the representative's authority to
sign on behalf of the registrant shall be filed with the form.

                                    ATTENTION
   Intentional misstatements or omissions of fact constitute Federal Criminal
                        Violations (See 18 U.S.C. 1001).


                              GENERAL INSTRUCTIONS

1.   This form is required by Rule 12b-25 (17 CFR 240.12b-25) of the General
     Rules and Regulations under the Securities Exchange Act of 1934.

2.   One signed original and four conformed copies of this form and amendments
     thereto must be completed and filed with the Securities and Exchange
     Commission, Washington, D.C. 20549, in accordance with Rule 0-3 of the
     General Rules and Regulations under the Act. The information contained in
     or filed with the form will be made a matter of public record in the
     Commission files.

3.   A manually signed copy of the form and amendments thereto shall be filed
     with each national securities exchange on which any class of securities of
     the registrant is registered.

4.   Amendments to the notifications must also be filed on Form 12b-25 but need
     not restate information that has been correctly furnished. The form shall
     be clearly identified as an amended notification.

5.   Electronic Filers. This form shall not be used by electronic filers unable
     to timely file a report solely due to electronic difficulties. Filers
     unable to submit a report within the time period prescribed due to
     difficulties in electronic filing should comply with either Rule 201 or
     Rule 202 of Regulation S-T (ss.232.201 or (ss.232.202 of this chapter) or
     apply for an adjustment in filing date pursuant to Rule 13(b) of Regulation
     S-T (ss.232.13(b) of this chapter).
<PAGE>

                                    Exhibit A


CopyTele, Inc. (the "Company") has not completed certain aspects of its review
process with respect to its financial statements for the fiscal year ended
October 31, 2008. The Company expects to report a net loss for fiscal year 2008
of $5,821,604, or $.05 per share (basic and diluted), as compared to a net loss
for fiscal year 2007 of $5,458,218, or $.05 per share (basic and diluted). The
Company expects to report that net revenue increased by approximately $1,576,000
in fiscal 2008, to approximately $2,063,000, as compared to approximately
$487,000 in fiscal 2007. Revenue recognized during fiscal 2008 is expected to
include display technology license fees related to the Company's Technology
License Agreement with Videocon Industries Limited of approximately $1,687,000
compared to none in fiscal 2007. The Company expects to report that revenue from
sales of encryption products increased by approximately $129,000 in fiscal 2008,
to approximately $376,000, as compared to approximately $247,000 in fiscal 2007.
The net loss for fiscal year 2008 is expected to result in part from an increase
in the Company's research and development expenses of approximately $723,000 in
fiscal 2008, to approximately $4,127,000, from approximately $3,404,000 in
fiscal 2007, and an increase in the Company's selling, general and
administrative expenses of approximately $1,415,000 to approximately $3,830,000
in fiscal 2008, from approximately $2,415,000 in fiscal 2007, in both cases
principally due to an increase in employee stock option compensation expense,
among other things.
</TEXT>
</DOCUMENT>
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