What is the ‘statement of unintentional delay’ required for a delayed priority claim?

The ‘statement of unintentional delay’ is a crucial component of a petition to accept an unintentionally delayed priority claim. According to MPEP 214.02:

The Director may require additional information where there is a question whether the delay was unintentional.

This statement must affirm that the entire delay between the date the priority claim was due and the date the priority claim was filed was unintentional. It’s important to note that:

• The USPTO requires an additional explanation of the circumstances surrounding the delay that establishes the entire delay was unintentional.
• The statement must be signed by a person who has sufficient knowledge of the facts to support the statement.
• Providing an inadequate or insufficient explanation may lead to a request for further information, which could delay the petition process.

Applicants should be prepared to provide a detailed account of the circumstances that led to the delay, ensuring that it covers the entire period of delay and demonstrates that the delay was truly unintentional.

To learn more:

• statement of unintentional delay
• delayed priority claim
• petition
• MPEP 214.02

To learn more:

• MPEP 214.02