What happens if a delayed benefit claim is filed after the patent issues?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If a delayed benefit claim is filed after the patent issues, it cannot be accepted. The MPEP 211.04 states:

‘A delayed benefit claim filed after issuance of a patent cannot be accepted.’

This means that once a patent has been granted, it is no longer possible to add or modify benefit claims. Any attempts to file a delayed benefit claim after patent issuance will be denied.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case