How do I correct a benefit claim in my patent application?

To correct a benefit claim in your patent application, follow these steps:

1. For applications filed on or after September 16, 2012:
   • Submit a corrected Application Data Sheet (ADS) in compliance with 37 CFR 1.76(c)
2. For applications filed before September 16, 2012:
   • Submit an amendment to the specification (if the benefit claim is in the specification) or
   • Submit a supplemental ADS in compliance with pre-AIA 37 CFR 1.76(c)
3. If the correction is made after the time period set in 37 CFR 1.78:
   • File a petition under 37 CFR 1.78
   • Pay the required petition fee
   • Provide a statement that the entire delay was unintentional

MPEP 211.02(a) states: “If applicant receives a filing receipt with missing or incorrect benefit claim information, applicant may request a corrected filing receipt. The Office will not grant a request for a corrected filing receipt to include a benefit claim unless the proper reference to the prior application is included (i) in an ADS (for applications filed on or after September 16, 2012) or (ii) in the first sentence(s) of the specification or an ADS (for applications filed prior to September 16, 2012) within the time period required by 37 CFR 1.78 with a few exceptions.”

It’s important to review your filing receipt promptly and carefully to avoid the need for a petition and associated fees.

To learn more:

• benefit claim correction
• Application Data Sheet
• patent application amendment
• petition