How can I file a petition to accept an unintentionally delayed benefit claim?

To file a petition to accept an unintentionally delayed benefit claim, you should:

1. File the petition under 37 CFR 1.78
2. Explain the reasons for the delay and demonstrate that it was unintentional
3. Pay the required petition fee
4. Submit the benefit claim (either through a corrected ADS or specification amendment, depending on your application’s filing date)

As mentioned in MPEP 2133.02(a): “Submitting and perfecting a benefit claim under 35 U.S.C. 120, within the time period set in 37 CFR 1.78 (or by filing a grantable petition to accept an unintentionally delayed claim under 37 CFR 1.78 as explained in MPEP § 211.04).”

For more detailed information on filing these petitions, refer to MPEP § 211.04.

To learn more:

• unintentionally delayed benefit claim
• petition
• 37 CFR 1.78