What is the time limit for filing a petition to accept a delayed 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.

The time limit for filing a petition to accept a delayed benefit claim depends on the type of application:

• For nonprovisional applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application.
• For design applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application.
• For international applications entering the national stage under 35 U.S.C. 371: The time limit is four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f).

As stated in MPEP 211.04: “If the later-filed application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, this period is 4 months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f).”