What is the time limit for making a benefit claim in a utility or plant application?

For utility or plant applications filed under 35 U.S.C. 111(a), the benefit claim must be made during the pendency of the application and within the later of:

• Four months from the actual filing date of the later-filed application, or
• Sixteen months from the filing date of the prior-filed application

As stated in the MPEP: If the application is a utility or plant application filed under 35 U.S.C. 111(a), the benefit claim of the prior application under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) must be made during the pendency of the application and within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application.

To learn more:

• benefit claim
• time limit
• utility application
• plant application
• 35 U.S.C. 111(a)

To learn more:

• 35 U.S.C. 111(a)