What is the deadline for submitting a benefit claim in a patent application?

The deadline for submitting a benefit claim depends on the type of application:

• For utility or plant applications filed under 35 U.S.C. 111(a): The later of 4 months from the actual filing date or 16 months from the filing date of the prior application.
• For national stage applications under 35 U.S.C. 371: The later of 4 months from the date on which the national stage commenced, 4 months from the initial submission under 35 U.S.C. 371 to enter the national stage, or 16 months from the filing date of the prior application.

As stated in MPEP 211.02: “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).”

If the deadline is missed, a petition under 37 CFR 1.78 and payment of a petition fee may be required to accept a late benefit claim.

To learn more:

• benefit claim deadline
• priority claim
• patent application
• late benefit claim
• petition