Can a delayed benefit claim be filed for design applications?

Yes, delayed benefit claims can be filed for design applications. The MPEP 211.04 provides specific information about this:

“Effective May 13, 2015, 37 CFR 1.78(d)(3) was amended to make the procedures under 37 CFR 1.78(e) to accept an unintentionally delayed benefit claim applicable to design applications where the benefit claim was not submitted during the pendency of the design application. Thus, a petition under 37 CFR 1.78(e) may be filed along with a request for certificate of correction after patent grant.”

This means that for design applications, it’s possible to file a petition for a delayed benefit claim even after the patent has been granted, along with a request for a certificate of correction.

To learn more:

• design applications
• delayed benefit claim
• certificate of correction
• patent grant