What is the process for submitting a late benefit claim?

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 benefit claim is not filed within the required time period, it may still be accepted through a petition process. According to MPEP ¶ 2.15:

A benefit claim filed after the required time period may be accepted if it is accompanied by a grantable petition to accept an unintentionally delayed benefit claim under 35 U.S.C. 119(e) (see 37 CFR 1.78(c)) or under 35 U.S.C. 120, 121, 365(c), or 386(c) (see 37 CFR 1.78(e)).

The petition must include:

1. The reference to the prior application (unless previously submitted)
2. The petition fee under 37 CFR 1.17(m)
3. A statement that the entire delay between the date the benefit claim was due and the date the claim was filed was unintentional

The Director may request additional information if there’s a question about whether the delay was unintentional. The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.

For more information on unintentional delay, visit: unintentional delay.