Do I need to file a petition if I submitted the benefit claim reference within the required time period but in the wrong location?

If you submitted the reference to the prior application within the required time period but in the wrong location, you may not need to file a petition. The MPEP provides guidance on this situation:

If the reference to the prior application was previously submitted within the time period set forth in 37 CFR 1.78 but was not included in the location in the application required by the rule (e.g., if the reference was submitted in an oath or declaration or the application transmittal letter), and the information concerning the benefit claim was recognized by the Office as shown by its inclusion on the first filing receipt, the petition under 37 CFR 1.78 and the petition fee under 37 CFR 1.17(m) are not required. (MPEP § 211)

However, you are still required to submit the reference in compliance with 37 CFR 1.78. This means:

• For applications filed on or after September 16, 2012: File an ADS in compliance with 37 CFR 1.76 with the reference.
• For applications filed before September 16, 2012: File either an amendment to the first sentence(s) of the specification or an ADS in compliance with pre-AIA 37 CFR 1.76.

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