Can a delayed benefit claim be filed for an international application entering the national stage?

Yes, a delayed benefit claim can be filed for an international application entering the national stage, but specific requirements must be met. The MPEP 211.04 provides guidance on this:

‘For international applications entering the national stage under 35 U.S.C. 371, the claim for priority must be made within the time limit set forth in the PCT and the Regulations under the PCT…However, if an applicant fails to make a proper benefit claim within the later of four months from the actual filing date of the national stage application or sixteen months from the filing date of the prior-filed application, the benefit claim may be accepted if the applicant files a petition under 37 CFR 1.78.’

This means that while there are specific timeframes for filing benefit claims in national stage applications, if these deadlines are missed, a petition under 37 CFR 1.78 can be filed to request acceptance of the delayed benefit claim. The petition must meet all requirements, including demonstrating that the delay was unintentional.

To learn more:

• delayed benefit claim
• international application
• national stage entry
• PCT application