What are the requirements for a petition to accept an unintentionally delayed priority claim?

According to MPEP 214.02, a petition to accept an unintentionally delayed claim for priority requires the following:

• The priority claim: This must be submitted in an application data sheet (ADS) as required by 35 U.S.C. 119(b), unless previously submitted.
• The petition fee: As set forth in 37 CFR 1.17(m).
• A statement of unintentional delay: A statement that the entire delay between the date the priority claim was due and the date the priority claim was filed was unintentional.

The MPEP states: ‘The Director may require additional information where there is a question whether the delay was unintentional.’ This means that in some cases, additional documentation may be required to support the claim of unintentional delay.

It’s important to note that these requirements apply to priority claims under various statutes, including 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), 386(a), 365(c), 119(e), 120, and 121.

To learn more:

• unintentionally delayed priority claim
• petition requirements
• ADS
• petition fee
• unintentional delay statement

To learn more:

• delayed priority claim
• foreign priority
• patent application