What is required for a petition to restore the benefit of a provisional application?

A petition to restore the benefit of a provisional application under 37 CFR 1.78(b) must include several elements. According to MPEP 211.01(a):

‘A petition under 37 CFR 1.78(b) requires: (A) the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78 to the prior-filed provisional application, which must be included in application data sheet (unless previously submitted in an application data sheet); (B) the petition fee as set forth in 37 CFR 1.17(m); and (C) a statement that the delay in filing the nonprovisional application or international application designating the United States within the twelve-month period set forth in 37 CFR 1.78(a)(1)(i) was unintentional.’

The petition must be filed in the subsequent application (nonprovisional or international application designating the US) within 14 months of the provisional application’s filing date. The USPTO may require additional information to verify that the delay was unintentional.

For more information on benefit restoration, visit: benefit restoration.

For more information on petition requirements, visit: petition requirements.

For more information on provisional application, visit: provisional application.

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