What is the time period for correcting a benefit claim under 37 CFR 1.78?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The time period for correcting a benefit claim under 37 CFR 1.78 is crucial for patent applicants. According to MPEP 211.02(a):

The time period for making a claim for benefit of a prior-filed application under 37 CFR 1.78(a)(3) and 37 CFR 1.78(d)(3) is specified in 37 CFR 1.78(a)(4) and 37 CFR 1.78(d)(3).

The specific time periods are:

• For nonprovisional applications: The later of 4 months from the actual filing date of the application or 16 months from the filing date of the prior application
• For design applications: The later of 4 months from the actual filing date of the application or 16 months from the filing date of the prior application
• For international applications entering the national stage: The time period in 37 CFR 1.55 for claiming priority to foreign applications applies

It’s important to note that if you miss these deadlines, you may need to file a petition under 37 CFR 1.78(c) or (e) to accept an unintentionally delayed benefit claim.