What happens if a benefit claim to a provisional application is submitted without proper indication of an intermediate application?

If a benefit claim to a provisional application lacks proper indication of an intermediate application:

• The Office may not recognize the benefit claim
• The benefit claim may not appear on the filing receipt
• A petition under 37 CFR 1.78(c) and petition fee may be required to correct the benefit claim

MPEP 211.01(b) states: “If a benefit claim to a provisional application is submitted without an indication that an intermediate application directly claims the benefit of the provisional application and the instant nonprovisional application is not filed within the 12 month period (or 14 month period if the benefit of the provisional application has been restored pursuant to 37 CFR 1.78(b)) or the relationship between each nonprovisional application is not indicated, the Office will not recognize such benefit claim and will not include the benefit claim on the filing receipt.”