When is a petition required to correct a benefit claim?

A petition is required to correct a benefit claim in the following situations:

• When the benefit claim is filed after the required time period set forth in 37 CFR 1.78.
• When the benefit claim was included elsewhere in the application (e.g., in an oath or declaration) but was not recognized by the Office as shown by its absence on the first filing receipt, and the correction is sought after the expiration of the time period set in 37 CFR 1.78.

The MPEP states: If, however, an applicant includes a benefit claim elsewhere in the application and the claim is not recognized by the Office as shown by its absence on the first filing receipt, the Office will require a petition and the petition fee under 37 CFR 1.17(m) to correct the benefit claim if the correction is sought after expiration of the time period set in 37 CFR 1.78.

However, a petition is not required for certain corrections, such as changing the relationship of the applications or changing the filing date of a prior-filed application, as long as these corrections are made within the original time period.

To learn more:

• benefit claim
• petition
• correction
• 37 CFR 1.78
• filing receipt

To learn more:

• 37 CFR 1.78