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
Tags: Delayed Benefit Claim, unintentional delay