What is a delayed benefit claim in patent applications?
A delayed benefit claim in patent applications refers to a situation where an applicant fails to submit the required reference to a prior application within the specified time period. In such cases, the applicant may file a petition for an unintentionally delayed claim.
According to MPEP 211.04, the petition must include:
- The reference to the prior application
- A petition fee
- A statement that the entire delay was unintentional
The MPEP states: “If the reference required by 35 U.S.C. 120 and 37 CFR 1.78 is not submitted within the required time period, a petition for an unintentionally delayed claim may be filed.”
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure