What happens if a benefit claim is not submitted within the required time period?
If a benefit claim is not submitted within the required time period, it is considered waived. The MPEP states: This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c) unless a petition to accept an unintentionally delayed benefit claim is granted.
However, applicants may file a petition to accept an unintentionally delayed benefit claim. For more information on this process, see MPEP § 211.04.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure