How does the USPTO define ‘unintentional delay’ for priority claims?

How does the USPTO define ‘unintentional delay’ for priority claims?

The USPTO does not provide a specific definition of ‘unintentional delay’ in the context of priority claims. However, the interpretation is generally consistent with other areas of patent law where unintentional delay is considered.

According to MPEP 214.02: ‘The Director may require additional information where there is a question whether the delay was unintentional.’

This means that:

• The delay must not have been deliberate or intentional.
• The applicant must have taken reasonable care to meet the deadline but failed due to unforeseen circumstances.
• Once the applicant became aware of the missed deadline, they must have acted promptly to file the petition.

It’s important to note that the USPTO may request additional information if there’s any doubt about the unintentional nature of the delay. Applicants should be prepared to provide a detailed explanation of the circumstances that led to the delay if requested.

To learn more:

• unintentional delay
• priority claims
• USPTO
• patent application