Patent Law FAQ

Any interested party may file a petition, accompanied by the petition fee, to the Director for access to an application. The petition may be filed either with proof of service of copy upon the applicant, or the petition may be filed in duplicate, in which case the duplicate copy will be sent by the Office to the applicant.

The petition should show not only why access is desired, but also why petitioner believes they are entitled to access. The applicant will normally be given a limited period such as 3 weeks within which to state any objection to the granting of the petition for access and reasons why it should be denied. If applicant states that they have no objection to the requested access, the petition will be granted. If objection is raised or applicant does not respond, the petition will be decided on the record.

If you missed the deadline for filing a benefit claim, you may still be able to claim the benefit by filing a petition for an unintentionally delayed benefit claim. The process differs based on the type of benefit claim:

• For benefit claims under 35 U.S.C. 119(e): File a petition under 37 CFR 1.78(c)
• For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c): File a petition under 37 CFR 1.78(e)

The MPEP states: “If applicant desires the benefit under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c) based upon a previously filed application, applicant must file a petition for an unintentionally delayed benefit claim under 37 CFR 1.78(c) for benefit claims under 35 U.S.C. 119(e) or under 37 CFR 1.78(e) for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c).”

The petition must include:

1. The reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior application (unless previously submitted)
2. A petition fee under 37 CFR 1.17(m)
3. A statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional

The Director may require additional information if there’s a question about whether the delay was unintentional.

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

For more information on petition fee, visit: petition fee.

For more information on unintentional delay, visit: unintentional delay.

A petition to restore the right of priority must include several key elements. The MPEP outlines these requirements:

A petition to restore the right of priority must include: (1) the priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) in an application data sheet, identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing (unless previously submitted); (2) the petition fee set forth in 37 CFR 1.17(m); and (3) a statement that the delay in filing the subsequent application within the twelve-month period was unintentional.

These requirements ensure that the USPTO has all necessary information to consider your petition for priority restoration.

For more information on application data sheet, visit: application data sheet.

For more information on petition fee, visit: petition fee.

For more information on petition requirements, visit: petition requirements.

For more information on priority restoration, visit: priority restoration.

The USPTO handles unintentionally delayed domestic benefit claims similarly to foreign priority claims, but with some specific provisions. According to MPEP 214.02:

‘For applications filed on or after September 16, 2012, the specific reference to the prior application must be included in an application data sheet (37 CFR 1.76). For applications filed prior to September 16, 2012, the specific reference to the prior application must be in the first sentence(s) of the specification or in an application data sheet.’

For domestic benefit claims under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c), a petition to accept an unintentionally delayed claim must include:

• The reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior-filed application, unless previously submitted;
• The petition fee set forth in 37 CFR 1.17(m); and
• A statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the benefit claim was filed was unintentional.

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

To learn more:

• unintentionally delayed domestic benefit claim
• petition requirements
• ADS
• petition fee
• unintentional delay statement

Failure to timely submit the reference to the prior-filed application within the time periods specified in 37 CFR 1.78 is considered a waiver of any benefit claim under 35 U.S.C. 120, 121, 365(c), or 386(c) to the prior-filed application. See 37 CFR 1.78(d)(3)(iii). The time periods are not extendable.

If the reference to the prior-filed application is submitted after the time period provided by 37 CFR 1.78, a petition and the petition fee under 37 CFR 1.17(m) would be required to accept the delayed claim. The petition must be accompanied by:

• The reference required by 35 U.S.C. 120 and 37 CFR 1.78 to the prior-filed application
• The petition fee
• A statement that the entire delay between the date the benefit claim was due and the date the claim was filed was unintentional

If a claim for foreign priority is not presented within the required time period under 37 CFR 1.55, it is considered waived. However, the claim may be accepted if the priority claim was unintentionally delayed.

To file a petition for an unintentionally delayed priority claim, the applicant must submit:

1. 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, identifying the foreign application to which priority is claimed;
2. A certified copy of the foreign application, unless previously submitted or an exception applies;
3. The petition fee set in 37 CFR 1.17(m); and
4. A statement that the entire delay between the date the priority claim was due and the date it was filed was unintentional.

The Director may require additional information if there is a question whether the delay was unintentional. See 37 CFR 1.55(e).

If you missed the deadline for filing a benefit claim, you may still be able to claim the benefit by filing a petition for an unintentionally delayed benefit claim. The process differs based on the type of benefit claim:

• For benefit claims under 35 U.S.C. 119(e): File a petition under 37 CFR 1.78(c)
• For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c): File a petition under 37 CFR 1.78(e)

The MPEP states: “If applicant desires the benefit under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c) based upon a previously filed application, applicant must file a petition for an unintentionally delayed benefit claim under 37 CFR 1.78(c) for benefit claims under 35 U.S.C. 119(e) or under 37 CFR 1.78(e) for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c).”

The petition must include:

1. The reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior application (unless previously submitted)
2. A petition fee under 37 CFR 1.17(m)
3. A statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional

The Director may require additional information if there’s a question about whether the delay was unintentional.

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

For more information on petition fee, visit: petition fee.

For more information on unintentional delay, visit: unintentional delay.

Failure to timely submit the reference to the prior-filed application within the time periods specified in 37 CFR 1.78 is considered a waiver of any benefit claim under 35 U.S.C. 120, 121, 365(c), or 386(c) to the prior-filed application. See 37 CFR 1.78(d)(3)(iii). The time periods are not extendable.

If the reference to the prior-filed application is submitted after the time period provided by 37 CFR 1.78, a petition and the petition fee under 37 CFR 1.17(m) would be required to accept the delayed claim. The petition must be accompanied by:

• The reference required by 35 U.S.C. 120 and 37 CFR 1.78 to the prior-filed application
• The petition fee
• A statement that the entire delay between the date the benefit claim was due and the date the claim was filed was unintentional

A petition to restore the right of priority must include several key elements. The MPEP outlines these requirements:

A petition to restore the right of priority must include: (1) the priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) in an application data sheet, identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing (unless previously submitted); (2) the petition fee set forth in 37 CFR 1.17(m); and (3) a statement that the delay in filing the subsequent application within the twelve-month period was unintentional.

These requirements ensure that the USPTO has all necessary information to consider your petition for priority restoration.

For more information on application data sheet, visit: application data sheet.

For more information on petition fee, visit: petition fee.

For more information on petition requirements, visit: petition requirements.

For more information on priority restoration, visit: priority restoration.

If a claim for foreign priority is not presented within the required time period under 37 CFR 1.55, it is considered waived. However, the claim may be accepted if the priority claim was unintentionally delayed.

To file a petition for an unintentionally delayed priority claim, the applicant must submit:

1. 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, identifying the foreign application to which priority is claimed;
2. A certified copy of the foreign application, unless previously submitted or an exception applies;
3. The petition fee set in 37 CFR 1.17(m); and
4. A statement that the entire delay between the date the priority claim was due and the date it was filed was unintentional.

The Director may require additional information if there is a question whether the delay was unintentional. See 37 CFR 1.55(e).

If you missed the deadline for filing a benefit claim, you may still be able to claim the benefit by filing a petition for an unintentionally delayed benefit claim. The process differs based on the type of benefit claim:

• For benefit claims under 35 U.S.C. 119(e): File a petition under 37 CFR 1.78(c)
• For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c): File a petition under 37 CFR 1.78(e)

The MPEP states: “If applicant desires the benefit under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c) based upon a previously filed application, applicant must file a petition for an unintentionally delayed benefit claim under 37 CFR 1.78(c) for benefit claims under 35 U.S.C. 119(e) or under 37 CFR 1.78(e) for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c).”

The petition must include:

1. The reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior application (unless previously submitted)
2. A petition fee under 37 CFR 1.17(m)
3. A statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional

The Director may require additional information if there’s a question about whether the delay was unintentional.

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

For more information on petition fee, visit: petition fee.

For more information on unintentional delay, visit: unintentional delay.

A petition to restore the right of priority must include several key elements. The MPEP outlines these requirements:

A petition to restore the right of priority must include: (1) the priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) in an application data sheet, identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing (unless previously submitted); (2) the petition fee set forth in 37 CFR 1.17(m); and (3) a statement that the delay in filing the subsequent application within the twelve-month period was unintentional.

These requirements ensure that the USPTO has all necessary information to consider your petition for priority restoration.

For more information on application data sheet, visit: application data sheet.

For more information on petition fee, visit: petition fee.

For more information on petition requirements, visit: petition requirements.

For more information on priority restoration, visit: priority restoration.

Failure to timely submit the reference to the prior-filed application within the time periods specified in 37 CFR 1.78 is considered a waiver of any benefit claim under 35 U.S.C. 120, 121, 365(c), or 386(c) to the prior-filed application. See 37 CFR 1.78(d)(3)(iii). The time periods are not extendable.

If the reference to the prior-filed application is submitted after the time period provided by 37 CFR 1.78, a petition and the petition fee under 37 CFR 1.17(m) would be required to accept the delayed claim. The petition must be accompanied by:

• The reference required by 35 U.S.C. 120 and 37 CFR 1.78 to the prior-filed application
• The petition fee
• A statement that the entire delay between the date the benefit claim was due and the date the claim was filed was unintentional

The USPTO handles unintentionally delayed domestic benefit claims similarly to foreign priority claims, but with some specific provisions. According to MPEP 214.02:

‘For applications filed on or after September 16, 2012, the specific reference to the prior application must be included in an application data sheet (37 CFR 1.76). For applications filed prior to September 16, 2012, the specific reference to the prior application must be in the first sentence(s) of the specification or in an application data sheet.’

For domestic benefit claims under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c), a petition to accept an unintentionally delayed claim must include:

• The reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior-filed application, unless previously submitted;
• The petition fee set forth in 37 CFR 1.17(m); and
• A statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the benefit claim was filed was unintentional.

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

To learn more:

• unintentionally delayed domestic benefit claim
• petition requirements
• ADS
• petition fee
• unintentional delay statement

Any interested party may file a petition, accompanied by the petition fee, to the Director for access to an application. The petition may be filed either with proof of service of copy upon the applicant, or the petition may be filed in duplicate, in which case the duplicate copy will be sent by the Office to the applicant.

The petition should show not only why access is desired, but also why petitioner believes they are entitled to access. The applicant will normally be given a limited period such as 3 weeks within which to state any objection to the granting of the petition for access and reasons why it should be denied. If applicant states that they have no objection to the requested access, the petition will be granted. If objection is raised or applicant does not respond, the petition will be decided on the record.

If a claim for foreign priority is not presented within the required time period under 37 CFR 1.55, it is considered waived. However, the claim may be accepted if the priority claim was unintentionally delayed.

To file a petition for an unintentionally delayed priority claim, the applicant must submit:

1. 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, identifying the foreign application to which priority is claimed;
2. A certified copy of the foreign application, unless previously submitted or an exception applies;
3. The petition fee set in 37 CFR 1.17(m); and
4. A statement that the entire delay between the date the priority claim was due and the date it was filed was unintentional.

The Director may require additional information if there is a question whether the delay was unintentional. See 37 CFR 1.55(e).

If you missed the deadline for filing a benefit claim, you may still be able to claim the benefit by filing a petition for an unintentionally delayed benefit claim. The process differs based on the type of benefit claim:

• For benefit claims under 35 U.S.C. 119(e): File a petition under 37 CFR 1.78(c)
• For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c): File a petition under 37 CFR 1.78(e)

The MPEP states: “If applicant desires the benefit under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c) based upon a previously filed application, applicant must file a petition for an unintentionally delayed benefit claim under 37 CFR 1.78(c) for benefit claims under 35 U.S.C. 119(e) or under 37 CFR 1.78(e) for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c).”

The petition must include:

1. The reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior application (unless previously submitted)
2. A petition fee under 37 CFR 1.17(m)
3. A statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional

The Director may require additional information if there’s a question about whether the delay was unintentional.

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

For more information on petition fee, visit: petition fee.

For more information on unintentional delay, visit: unintentional delay.

A petition to restore the right of priority must include several key elements. The MPEP outlines these requirements:

A petition to restore the right of priority must include: (1) the priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) in an application data sheet, identifying the foreign application to which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing (unless previously submitted); (2) the petition fee set forth in 37 CFR 1.17(m); and (3) a statement that the delay in filing the subsequent application within the twelve-month period was unintentional.

These requirements ensure that the USPTO has all necessary information to consider your petition for priority restoration.

For more information on application data sheet, visit: application data sheet.

For more information on petition fee, visit: petition fee.

For more information on petition requirements, visit: petition requirements.

For more information on priority restoration, visit: priority restoration.

Failure to timely submit the reference to the prior-filed application within the time periods specified in 37 CFR 1.78 is considered a waiver of any benefit claim under 35 U.S.C. 120, 121, 365(c), or 386(c) to the prior-filed application. See 37 CFR 1.78(d)(3)(iii). The time periods are not extendable.

If the reference to the prior-filed application is submitted after the time period provided by 37 CFR 1.78, a petition and the petition fee under 37 CFR 1.17(m) would be required to accept the delayed claim. The petition must be accompanied by:

• The reference required by 35 U.S.C. 120 and 37 CFR 1.78 to the prior-filed application
• The petition fee
• A statement that the entire delay between the date the benefit claim was due and the date the claim was filed was unintentional

The USPTO handles unintentionally delayed domestic benefit claims similarly to foreign priority claims, but with some specific provisions. According to MPEP 214.02:

‘For applications filed on or after September 16, 2012, the specific reference to the prior application must be included in an application data sheet (37 CFR 1.76). For applications filed prior to September 16, 2012, the specific reference to the prior application must be in the first sentence(s) of the specification or in an application data sheet.’

For domestic benefit claims under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c), a petition to accept an unintentionally delayed claim must include:

• The reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior-filed application, unless previously submitted;
• The petition fee set forth in 37 CFR 1.17(m); and
• A statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the benefit claim was filed was unintentional.

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

To learn more:

• unintentionally delayed domestic benefit claim
• petition requirements
• ADS
• petition fee
• unintentional delay statement

If a claim for foreign priority is not presented within the required time period under 37 CFR 1.55, it is considered waived. However, the claim may be accepted if the priority claim was unintentionally delayed.

To file a petition for an unintentionally delayed priority claim, the applicant must submit:

1. 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, identifying the foreign application to which priority is claimed;
2. A certified copy of the foreign application, unless previously submitted or an exception applies;
3. The petition fee set in 37 CFR 1.17(m); and
4. A statement that the entire delay between the date the priority claim was due and the date it was filed was unintentional.

The Director may require additional information if there is a question whether the delay was unintentional. See 37 CFR 1.55(e).