How does adding or deleting a benefit or priority claim affect the publication date of a patent application?

Adding or deleting a benefit or priority claim can potentially affect the publication date of a patent application. According to MPEP 1127:

“If applicant timely adds or deletes a benefit or priority claim and the Office recognizes the correction and changes the projected publication date before the technical preparations of the application have begun, the Office will mail a notice (e.g., a corrected filing receipt), informing applicant of the newly assigned projected publication date.”

This means that if you make changes to benefit or priority claims in a timely manner, and these changes are processed before the application enters the final stages of preparation for publication, the USPTO will adjust the publication date accordingly and notify you of the change. It’s crucial to make such changes as early as possible to ensure they are reflected in the publication timeline.

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Tags: Benefit Claim, patent application, Priority Claim, publication date, USPTO