What are the consequences of failing to timely submit a reference to a prior-filed application for a benefit claim under 35 U.S.C. 120 or 119(e)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. Failure to timely submit the reference to the prior-filed application within the time periods specified in 37 CFR 1.78 is considered a waiver of any benefit claim under 35 U.S.C. 120, 121, 365(c), or 386(c) to the prior-filed application. See 37 CFR 1.78(d)(3)(iii). The time periods are not extendable. If the reference to the prior-filed application is submitted after the time period provided by 37 CFR 1.78, a petition and the petition fee under 37 CFR 1.17(m) would be required to accept the delayed claim. The petition must be accompanied by: The reference required by 35 U.S.C. 120 and 37 CFR 1.78 to the prior-filed application The petition fee A statement that the entire delay between the date the benefit claim was due and the date the claim was filed was unintentional Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendment Required for Earlier Filing Date Benefit MPEP 211 Required Petition for Nonprovisional Application Benefit Claim MPEP 211 Required Unintentional Delay Statement Required for Benefit Claim MPEP 211 Timely Submission of Reference Required for Benefit Claim MPEP 211 Required Failure to Submit Amendment Waives Benefit Under Section 120 MPEP 211 Permitted Claiming Benefit of Prior Applications MPEP 211 Permitted Unintentionally Delayed Benefit Claim Acceptable MPEP 211 Required Procedural Requirements for Filing Date Claim Under 35 U.S.C. 120, 119(e), etc. MPEP 211 Required Examiner Must Use Actual Filing Date for Rejection MPEP 211 Required Identification of Application by Number Required for Reference MPEP 211 Required Other Related FAQs 5 FAQs Collapse What happens if a benefit claim to a provisional application is submitted without proper i...