Patent Law FAQ

A petition is required to correct a benefit claim in the following situations:

• When the benefit claim is filed after the required time period set forth in 37 CFR 1.78.
• When the benefit claim was included elsewhere in the application (e.g., in an oath or declaration) but was not recognized by the Office as shown by its absence on the first filing receipt, and the correction is sought after the expiration of the time period set in 37 CFR 1.78.

The MPEP states: If, however, an applicant includes a benefit claim elsewhere in the application and the claim is not recognized by the Office as shown by its absence on the first filing receipt, the Office will require a petition and the petition fee under 37 CFR 1.17(m) to correct the benefit claim if the correction is sought after expiration of the time period set in 37 CFR 1.78.

However, a petition is not required for certain corrections, such as changing the relationship of the applications or changing the filing date of a prior-filed application, as long as these corrections are made within the original time period.

To learn more:

• benefit claim
• petition
• correction
• 37 CFR 1.78
• filing receipt

To learn more:

• 37 CFR 1.78

If an applicant includes a benefit claim in the wrong part of the application but within the required time period, the USPTO’s response depends on whether the claim is recognized:

1. If the benefit claim is recognized by the Office (shown by its inclusion on the first filing receipt), no petition or petition fee is required to correct the benefit claim. The MPEP states: If an applicant includes a claim to the benefit of a prior application elsewhere in the application but not in the manner specified in 37 CFR 1.78 (e.g., if the benefit claim is not present in the proper place but is included in an oath or declaration, or the application transmittal letter, or in the first sentence(s) of the specification for an application filed on or after September 16, 2012) within the time period set forth in 37 CFR 1.78, the Office will not require a petition and the petition fee under 37 CFR 1.17(m) to correct the benefit claim if the information concerning the benefit claim contained elsewhere in the application was recognized by the Office as shown by its inclusion on the first filing receipt.
2. If the benefit claim is not recognized by the Office (shown by its absence on the first filing receipt), a petition and petition fee under 37 CFR 1.17(m) will be required to correct the benefit claim if the correction is sought after the time period set in 37 CFR 1.78.

In both cases, the applicant must still submit the benefit claim in the proper format (i.e., in an ADS or by amendment to the specification, depending on the application’s filing date) to have a proper claim under 35 U.S.C. 120 or 119(e) and 37 CFR 1.78.

For more information on 37 CFR 1.78, visit: 37 CFR 1.78.

For more information on filing receipt, visit: filing receipt.

If you receive a filing receipt with missing or incorrect benefit claim information, you can request a corrected filing receipt. However, the Office will only grant such a request if the proper reference to the prior application is included:

• For applications filed on or after September 16, 2012: in an Application Data Sheet (ADS)
• For applications filed prior to September 16, 2012: in the first sentence(s) of the specification or an ADS

This reference must be made within the time period required by 37 CFR 1.78, with a few exceptions. As stated in the MPEP:

The Office may notify applicants on or with the filing receipt that a benefit claim may not have been recognized because the benefit claim was improper but applicants are advised that only the benefit claims that are listed on the filing receipt have been recognized by the Office.

It’s crucial to review your filing receipt promptly and carefully to avoid the need for a petition and associated fees.

To learn more:

• filing receipt
• benefit claim
• ADS
• patent application
• correction

If an applicant includes a benefit claim in the wrong part of the application but within the required time period, the USPTO’s response depends on whether the claim is recognized:

1. If the benefit claim is recognized by the Office (shown by its inclusion on the first filing receipt), no petition or petition fee is required to correct the benefit claim. The MPEP states: If an applicant includes a claim to the benefit of a prior application elsewhere in the application but not in the manner specified in 37 CFR 1.78 (e.g., if the benefit claim is not present in the proper place but is included in an oath or declaration, or the application transmittal letter, or in the first sentence(s) of the specification for an application filed on or after September 16, 2012) within the time period set forth in 37 CFR 1.78, the Office will not require a petition and the petition fee under 37 CFR 1.17(m) to correct the benefit claim if the information concerning the benefit claim contained elsewhere in the application was recognized by the Office as shown by its inclusion on the first filing receipt.
2. If the benefit claim is not recognized by the Office (shown by its absence on the first filing receipt), a petition and petition fee under 37 CFR 1.17(m) will be required to correct the benefit claim if the correction is sought after the time period set in 37 CFR 1.78.

In both cases, the applicant must still submit the benefit claim in the proper format (i.e., in an ADS or by amendment to the specification, depending on the application’s filing date) to have a proper claim under 35 U.S.C. 120 or 119(e) and 37 CFR 1.78.

For more information on 37 CFR 1.78, visit: 37 CFR 1.78.

For more information on filing receipt, visit: filing receipt.

A return postcard serves as prima facie evidence of receipt by the USPTO of all items listed on the postcard. It should include detailed identifying information such as:

• Inventor’s name
• Application number (if known)
• Confirmation number (if known)
• Filing date
• Title of the invention
• Type of paper being filed
• Number of pages for each component

The MPEP states: ‘A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.’ (MPEP 503)

A filing receipt is an official document issued by the USPTO that contains important information about a patent application. According to MPEP 503, the filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested U.S. Patent Classification class
• Art unit where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: “The filing receipt represents the official assignment by the USPTO of a specific application number and confirmation number to a particular application.” It’s important to review the filing receipt for accuracy, especially regarding inventor and applicant names, benefit and priority claims, and any nonpublication requests.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on filing receipt, visit: filing receipt.

A patent filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested class in the U.S. Patent Classification System
• Art unit number where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: ‘The filing receipt includes the application number, filing date, a confirmation number, a suggested class in the U.S. Patent Classification System (see MPEP § 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)

A patent application filing receipt contains crucial information about the application. According to the MPEP:

‘A filing receipt is mailed to the attorney or agent, if any, otherwise to the applicant, for each application filed.’

The filing receipt typically includes:

• The application number
• Filing date
• Title of the invention
• Names of the applicants
• Name and registration number of the attorney or agent (if applicable)
• Entity status for fee purposes
• Correspondence address
• List of documents submitted with the application

It’s important to review the filing receipt carefully for accuracy, as it serves as official confirmation of the application’s details and can be used to identify any discrepancies or issues that need to be addressed promptly.

For more information on filing receipt, visit: filing receipt.

There are two main ways to obtain a receipt for items filed with the USPTO:

1. For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
2. For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.

The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)

A return postcard serves as prima facie evidence of receipt by the USPTO of all items listed on the postcard. It should include detailed identifying information such as:

• Inventor’s name
• Application number (if known)
• Confirmation number (if known)
• Filing date
• Title of the invention
• Type of paper being filed
• Number of pages for each component

The MPEP states: ‘A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.’ (MPEP 503)

A filing receipt is an official document issued by the USPTO that contains important information about a patent application. According to MPEP 503, the filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested U.S. Patent Classification class
• Art unit where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: “The filing receipt represents the official assignment by the USPTO of a specific application number and confirmation number to a particular application.” It’s important to review the filing receipt for accuracy, especially regarding inventor and applicant names, benefit and priority claims, and any nonpublication requests.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on filing receipt, visit: filing receipt.

A patent filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested class in the U.S. Patent Classification System
• Art unit number where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: ‘The filing receipt includes the application number, filing date, a confirmation number, a suggested class in the U.S. Patent Classification System (see MPEP § 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)

A patent application filing receipt contains crucial information about the application. According to the MPEP:

‘A filing receipt is mailed to the attorney or agent, if any, otherwise to the applicant, for each application filed.’

The filing receipt typically includes:

• The application number
• Filing date
• Title of the invention
• Names of the applicants
• Name and registration number of the attorney or agent (if applicable)
• Entity status for fee purposes
• Correspondence address
• List of documents submitted with the application

It’s important to review the filing receipt carefully for accuracy, as it serves as official confirmation of the application’s details and can be used to identify any discrepancies or issues that need to be addressed promptly.

For more information on filing receipt, visit: filing receipt.

There are two main ways to obtain a receipt for items filed with the USPTO:

1. For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
2. For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.

The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)

A petition is required to correct a benefit claim in the following situations:

• When the benefit claim is filed after the required time period set forth in 37 CFR 1.78.
• When the benefit claim was included elsewhere in the application (e.g., in an oath or declaration) but was not recognized by the Office as shown by its absence on the first filing receipt, and the correction is sought after the expiration of the time period set in 37 CFR 1.78.

The MPEP states: If, however, an applicant includes a benefit claim elsewhere in the application and the claim is not recognized by the Office as shown by its absence on the first filing receipt, the Office will require a petition and the petition fee under 37 CFR 1.17(m) to correct the benefit claim if the correction is sought after expiration of the time period set in 37 CFR 1.78.

However, a petition is not required for certain corrections, such as changing the relationship of the applications or changing the filing date of a prior-filed application, as long as these corrections are made within the original time period.

To learn more:

• benefit claim
• petition
• correction
• 37 CFR 1.78
• filing receipt

To learn more:

• 37 CFR 1.78

A return postcard serves as prima facie evidence of receipt by the USPTO of all items listed on the postcard. It should include detailed identifying information such as:

• Inventor’s name
• Application number (if known)
• Confirmation number (if known)
• Filing date
• Title of the invention
• Type of paper being filed
• Number of pages for each component

The MPEP states: ‘A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.’ (MPEP 503)

A filing receipt is an official document issued by the USPTO that contains important information about a patent application. According to MPEP 503, the filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested U.S. Patent Classification class
• Art unit where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: “The filing receipt represents the official assignment by the USPTO of a specific application number and confirmation number to a particular application.” It’s important to review the filing receipt for accuracy, especially regarding inventor and applicant names, benefit and priority claims, and any nonpublication requests.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on filing receipt, visit: filing receipt.

A patent filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested class in the U.S. Patent Classification System
• Art unit number where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: ‘The filing receipt includes the application number, filing date, a confirmation number, a suggested class in the U.S. Patent Classification System (see MPEP § 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)

A patent application filing receipt contains crucial information about the application. According to the MPEP:

‘A filing receipt is mailed to the attorney or agent, if any, otherwise to the applicant, for each application filed.’

The filing receipt typically includes:

• The application number
• Filing date
• Title of the invention
• Names of the applicants
• Name and registration number of the attorney or agent (if applicable)
• Entity status for fee purposes
• Correspondence address
• List of documents submitted with the application

It’s important to review the filing receipt carefully for accuracy, as it serves as official confirmation of the application’s details and can be used to identify any discrepancies or issues that need to be addressed promptly.

For more information on filing receipt, visit: filing receipt.

If an applicant includes a benefit claim in the wrong part of the application but within the required time period, the USPTO’s response depends on whether the claim is recognized:

1. If the benefit claim is recognized by the Office (shown by its inclusion on the first filing receipt), no petition or petition fee is required to correct the benefit claim. The MPEP states: If an applicant includes a claim to the benefit of a prior application elsewhere in the application but not in the manner specified in 37 CFR 1.78 (e.g., if the benefit claim is not present in the proper place but is included in an oath or declaration, or the application transmittal letter, or in the first sentence(s) of the specification for an application filed on or after September 16, 2012) within the time period set forth in 37 CFR 1.78, the Office will not require a petition and the petition fee under 37 CFR 1.17(m) to correct the benefit claim if the information concerning the benefit claim contained elsewhere in the application was recognized by the Office as shown by its inclusion on the first filing receipt.
2. If the benefit claim is not recognized by the Office (shown by its absence on the first filing receipt), a petition and petition fee under 37 CFR 1.17(m) will be required to correct the benefit claim if the correction is sought after the time period set in 37 CFR 1.78.

In both cases, the applicant must still submit the benefit claim in the proper format (i.e., in an ADS or by amendment to the specification, depending on the application’s filing date) to have a proper claim under 35 U.S.C. 120 or 119(e) and 37 CFR 1.78.

For more information on 37 CFR 1.78, visit: 37 CFR 1.78.

For more information on filing receipt, visit: filing receipt.

There are two main ways to obtain a receipt for items filed with the USPTO:

1. For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
2. For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.

The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)

If you receive a filing receipt with missing or incorrect benefit claim information, you can request a corrected filing receipt. However, the Office will only grant such a request if the proper reference to the prior application is included:

• For applications filed on or after September 16, 2012: in an Application Data Sheet (ADS)
• For applications filed prior to September 16, 2012: in the first sentence(s) of the specification or an ADS

This reference must be made within the time period required by 37 CFR 1.78, with a few exceptions. As stated in the MPEP:

The Office may notify applicants on or with the filing receipt that a benefit claim may not have been recognized because the benefit claim was improper but applicants are advised that only the benefit claims that are listed on the filing receipt have been recognized by the Office.

It’s crucial to review your filing receipt promptly and carefully to avoid the need for a petition and associated fees.

To learn more:

• filing receipt
• benefit claim
• ADS
• patent application
• correction

A petition is required to correct a benefit claim in the following situations:

• When the benefit claim is filed after the required time period set forth in 37 CFR 1.78.
• When the benefit claim was included elsewhere in the application (e.g., in an oath or declaration) but was not recognized by the Office as shown by its absence on the first filing receipt, and the correction is sought after the expiration of the time period set in 37 CFR 1.78.

The MPEP states: If, however, an applicant includes a benefit claim elsewhere in the application and the claim is not recognized by the Office as shown by its absence on the first filing receipt, the Office will require a petition and the petition fee under 37 CFR 1.17(m) to correct the benefit claim if the correction is sought after expiration of the time period set in 37 CFR 1.78.

However, a petition is not required for certain corrections, such as changing the relationship of the applications or changing the filing date of a prior-filed application, as long as these corrections are made within the original time period.

To learn more:

• benefit claim
• petition
• correction
• 37 CFR 1.78
• filing receipt

To learn more:

• 37 CFR 1.78

A return postcard serves as prima facie evidence of receipt by the USPTO of all items listed on the postcard. It should include detailed identifying information such as:

• Inventor’s name
• Application number (if known)
• Confirmation number (if known)
• Filing date
• Title of the invention
• Type of paper being filed
• Number of pages for each component

The MPEP states: ‘A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.’ (MPEP 503)

A filing receipt is an official document issued by the USPTO that contains important information about a patent application. According to MPEP 503, the filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested U.S. Patent Classification class
• Art unit where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: “The filing receipt represents the official assignment by the USPTO of a specific application number and confirmation number to a particular application.” It’s important to review the filing receipt for accuracy, especially regarding inventor and applicant names, benefit and priority claims, and any nonpublication requests.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on filing receipt, visit: filing receipt.

A patent filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested class in the U.S. Patent Classification System
• Art unit number where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: ‘The filing receipt includes the application number, filing date, a confirmation number, a suggested class in the U.S. Patent Classification System (see MPEP § 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)

A patent application filing receipt contains crucial information about the application. According to the MPEP:

‘A filing receipt is mailed to the attorney or agent, if any, otherwise to the applicant, for each application filed.’

The filing receipt typically includes:

• The application number
• Filing date
• Title of the invention
• Names of the applicants
• Name and registration number of the attorney or agent (if applicable)
• Entity status for fee purposes
• Correspondence address
• List of documents submitted with the application

It’s important to review the filing receipt carefully for accuracy, as it serves as official confirmation of the application’s details and can be used to identify any discrepancies or issues that need to be addressed promptly.

For more information on filing receipt, visit: filing receipt.

If an applicant includes a benefit claim in the wrong part of the application but within the required time period, the USPTO’s response depends on whether the claim is recognized:

1. If the benefit claim is recognized by the Office (shown by its inclusion on the first filing receipt), no petition or petition fee is required to correct the benefit claim. The MPEP states: If an applicant includes a claim to the benefit of a prior application elsewhere in the application but not in the manner specified in 37 CFR 1.78 (e.g., if the benefit claim is not present in the proper place but is included in an oath or declaration, or the application transmittal letter, or in the first sentence(s) of the specification for an application filed on or after September 16, 2012) within the time period set forth in 37 CFR 1.78, the Office will not require a petition and the petition fee under 37 CFR 1.17(m) to correct the benefit claim if the information concerning the benefit claim contained elsewhere in the application was recognized by the Office as shown by its inclusion on the first filing receipt.
2. If the benefit claim is not recognized by the Office (shown by its absence on the first filing receipt), a petition and petition fee under 37 CFR 1.17(m) will be required to correct the benefit claim if the correction is sought after the time period set in 37 CFR 1.78.

In both cases, the applicant must still submit the benefit claim in the proper format (i.e., in an ADS or by amendment to the specification, depending on the application’s filing date) to have a proper claim under 35 U.S.C. 120 or 119(e) and 37 CFR 1.78.

For more information on 37 CFR 1.78, visit: 37 CFR 1.78.

For more information on filing receipt, visit: filing receipt.

There are two main ways to obtain a receipt for items filed with the USPTO:

1. For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
2. For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.

The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)

If you receive a filing receipt with missing or incorrect benefit claim information, you can request a corrected filing receipt. However, the Office will only grant such a request if the proper reference to the prior application is included:

• For applications filed on or after September 16, 2012: in an Application Data Sheet (ADS)
• For applications filed prior to September 16, 2012: in the first sentence(s) of the specification or an ADS

This reference must be made within the time period required by 37 CFR 1.78, with a few exceptions. As stated in the MPEP:

The Office may notify applicants on or with the filing receipt that a benefit claim may not have been recognized because the benefit claim was improper but applicants are advised that only the benefit claims that are listed on the filing receipt have been recognized by the Office.

It’s crucial to review your filing receipt promptly and carefully to avoid the need for a petition and associated fees.

To learn more:

• filing receipt
• benefit claim
• ADS
• patent application
• correction