Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 200 – Types and Status of Application; Benefit and Priority (1)
The deadline for filing an unintentionally delayed priority claim is the later of:
- Four months from the actual filing date of the later-filed application, or
- Sixteen months from the filing date of the prior application
This is stated in 37 CFR 1.55(d)(1) for foreign priority claims and 37 CFR 1.78(a)(4) for domestic benefit claims. However, a petition may be filed to accept an unintentionally delayed claim under 37 CFR 1.55(e) or 37 CFR 1.78(c) and (e) after this period.
As stated in MPEP 214.02: ‘A petition to accept an unintentionally delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b) requires:’
- The priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application for which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted;
- The petition fee as set forth in § 1.17(m); and
- A statement that the entire delay between the date the priority claim was due and the date the priority claim was filed was unintentional.
To learn more:
To learn more:
MPEP 2100 – Patentability (1)
To file a petition to accept an unintentionally delayed benefit claim, you should:
- File the petition under 37 CFR 1.78
- Explain the reasons for the delay and demonstrate that it was unintentional
- Pay the required petition fee
- 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:
MPEP 2133.02(A) – Overcoming A Pre – Aia 35 U.S.C. 102(B) Rejection Based On A Printed Publication Or Patent (1)
To file a petition to accept an unintentionally delayed benefit claim, you should:
- File the petition under 37 CFR 1.78
- Explain the reasons for the delay and demonstrate that it was unintentional
- Pay the required petition fee
- 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:
Patent Law (2)
The deadline for filing an unintentionally delayed priority claim is the later of:
- Four months from the actual filing date of the later-filed application, or
- Sixteen months from the filing date of the prior application
This is stated in 37 CFR 1.55(d)(1) for foreign priority claims and 37 CFR 1.78(a)(4) for domestic benefit claims. However, a petition may be filed to accept an unintentionally delayed claim under 37 CFR 1.55(e) or 37 CFR 1.78(c) and (e) after this period.
As stated in MPEP 214.02: ‘A petition to accept an unintentionally delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b) requires:’
- The priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application for which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted;
- The petition fee as set forth in § 1.17(m); and
- A statement that the entire delay between the date the priority claim was due and the date the priority claim was filed was unintentional.
To learn more:
To learn more:
To file a petition to accept an unintentionally delayed benefit claim, you should:
- File the petition under 37 CFR 1.78
- Explain the reasons for the delay and demonstrate that it was unintentional
- Pay the required petition fee
- 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:
Patent Procedure (2)
The deadline for filing an unintentionally delayed priority claim is the later of:
- Four months from the actual filing date of the later-filed application, or
- Sixteen months from the filing date of the prior application
This is stated in 37 CFR 1.55(d)(1) for foreign priority claims and 37 CFR 1.78(a)(4) for domestic benefit claims. However, a petition may be filed to accept an unintentionally delayed claim under 37 CFR 1.55(e) or 37 CFR 1.78(c) and (e) after this period.
As stated in MPEP 214.02: ‘A petition to accept an unintentionally delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b) requires:’
- The priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b) in an application data sheet (§ 1.76(b)(6)), identifying the foreign application for which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, unless previously submitted;
- The petition fee as set forth in § 1.17(m); and
- A statement that the entire delay between the date the priority claim was due and the date the priority claim was filed was unintentional.
To learn more:
To learn more:
To file a petition to accept an unintentionally delayed benefit claim, you should:
- File the petition under 37 CFR 1.78
- Explain the reasons for the delay and demonstrate that it was unintentional
- Pay the required petition fee
- 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: