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 (4)
An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional.
According to MPEP 213.03: “As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional.”
The petition to restore the right of priority must include:
- The priority claim identifying the prior foreign application
- The petition fee
- A statement that the delay in filing was unintentional
The USPTO may require additional information to establish that the delay was unintentional.
For more information on foreign priority, visit: foreign priority.
For more information on priority restoration, visit: priority restoration.
For more information on unintentional delay, visit: unintentional delay.
The Patent Law Treaties Implementation Act (PLTIA) introduced the concept of restoration of the right of priority. This provision allows applicants to file a subsequent application and still claim priority or benefit even if they missed the standard 12-month deadline (6-month for design applications).
As stated in the MPEP: Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.
(MPEP 210)
Key points about restoration of the right of priority:
- It applies to both foreign priority claims and domestic benefit claims to provisional applications.
- The subsequent application must be filed within 14 months from the filing date of the prior foreign application or provisional application (8 months for design applications).
- The delay in filing the subsequent application must be unintentional.
- A petition for restoration of the right of priority must be filed.
The specific requirements and procedures for restoration of the right of priority are outlined in 37 CFR 1.55(c) for foreign priority claims and 37 CFR 1.78(b) for domestic benefit claims.
For more information on PLTIA, visit: PLTIA.
For more information on unintentional delay, visit: unintentional delay.
What is the process for adding a benefit claim after the time period set forth in 37 CFR 1.78?
To add a benefit claim after the time period set forth in 37 CFR 1.78, you must file a petition to accept an unintentionally delayed benefit claim. The MPEP 211.02(a) outlines the process:
- File a petition under 37 CFR 1.78(c) for claiming the benefit of a prior-filed provisional application, or under 37 CFR 1.78(e) for claiming the benefit of a prior-filed nonprovisional application.
- Pay the petition fee (currently $2,000 for nonprovisional applications).
- Submit a corrected application data sheet (ADS) including the reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior-filed application.
- Provide a statement that the entire delay between the date the benefit claim was due and the date the benefit claim was filed was unintentional.
The MPEP states: “The Director may require additional information where there is a question whether the delay was unintentional.” It’s crucial to ensure all requirements are met to avoid potential rejection of the petition.
To learn more:
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:
- The reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior application (unless previously submitted)
- A petition fee under 37 CFR 1.17(m)
- 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.
MPEP 211 – Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e) (1)
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:
- The reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior application (unless previously submitted)
- A petition fee under 37 CFR 1.17(m)
- 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.
MPEP 213-Right of Priority of Foreign Application (1)
An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional.
According to MPEP 213.03: “As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional.”
The petition to restore the right of priority must include:
- The priority claim identifying the prior foreign application
- The petition fee
- A statement that the delay in filing was unintentional
The USPTO may require additional information to establish that the delay was unintentional.
For more information on foreign priority, visit: foreign priority.
For more information on priority restoration, visit: priority restoration.
For more information on unintentional delay, visit: unintentional delay.
MPEP 2500 – Maintenance Fees (1)
Yes, a patent can be reinstated after expiration due to non-payment of maintenance fees under certain conditions. The MPEP 2590 outlines the process for patent reinstatement:
“The patent may be reinstated if the delay in payment of the maintenance fee was unintentional.”
Key points about patent reinstatement:
- A petition for reinstatement must be filed within 24 months from the expiration date.
- The petition must include a statement that the delay was unintentional.
- All required maintenance fees and any applicable surcharges must be paid.
- The Director of the USPTO must determine that the delay was indeed unintentional.
It’s important to note that the reinstatement process is not automatic and requires a formal petition and fee payment.
To learn more:
MPEP 2575 – Notices (1)
Yes, a patent can be reinstated after expiration due to non-payment of maintenance fees under certain conditions. The MPEP 2590 outlines the process for patent reinstatement:
“The patent may be reinstated if the delay in payment of the maintenance fee was unintentional.”
Key points about patent reinstatement:
- A petition for reinstatement must be filed within 24 months from the expiration date.
- The petition must include a statement that the delay was unintentional.
- All required maintenance fees and any applicable surcharges must be paid.
- The Director of the USPTO must determine that the delay was indeed unintentional.
It’s important to note that the reinstatement process is not automatic and requires a formal petition and fee payment.
To learn more:
MPEP 2900 – International Design Applications (1)
The procedure for seeking relief from prescribed time limits in international design applications is outlined in 37 CFR 1.1051. This procedure allows applicants to excuse unintentional delays in meeting time limits under the Hague Agreement for requirements related to international design applications.
The key components of this procedure include:
- Filing a petition with the USPTO
- Providing necessary documentation
- Paying required fees
- Submitting a statement of unintentional delay
- Filing a terminal disclaimer in certain cases
As stated in the MPEP: “Pursuant to 35 U.S.C. 387, 37 CFR 1.1051 sets forth a petition procedure to excuse, with respect to the United States, an applicant’s failure to act within prescribed time limits under the Hague Agreement in connection with requirements pertaining to an international design application where the delay in applicant’s failure to act was unintentional.“
To learn more:
MPEP 2913 – Relief From Prescribed Time Limits (1)
The procedure for seeking relief from prescribed time limits in international design applications is outlined in 37 CFR 1.1051. This procedure allows applicants to excuse unintentional delays in meeting time limits under the Hague Agreement for requirements related to international design applications.
The key components of this procedure include:
- Filing a petition with the USPTO
- Providing necessary documentation
- Paying required fees
- Submitting a statement of unintentional delay
- Filing a terminal disclaimer in certain cases
As stated in the MPEP: “Pursuant to 35 U.S.C. 387, 37 CFR 1.1051 sets forth a petition procedure to excuse, with respect to the United States, an applicant’s failure to act within prescribed time limits under the Hague Agreement in connection with requirements pertaining to an international design application where the delay in applicant’s failure to act was unintentional.“
To learn more:
Patent Law (6)
An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional.
According to MPEP 213.03: “As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional.”
The petition to restore the right of priority must include:
- The priority claim identifying the prior foreign application
- The petition fee
- A statement that the delay in filing was unintentional
The USPTO may require additional information to establish that the delay was unintentional.
For more information on foreign priority, visit: foreign priority.
For more information on priority restoration, visit: priority restoration.
For more information on unintentional delay, visit: unintentional delay.
Yes, a patent can be reinstated after expiration due to non-payment of maintenance fees under certain conditions. The MPEP 2590 outlines the process for patent reinstatement:
“The patent may be reinstated if the delay in payment of the maintenance fee was unintentional.”
Key points about patent reinstatement:
- A petition for reinstatement must be filed within 24 months from the expiration date.
- The petition must include a statement that the delay was unintentional.
- All required maintenance fees and any applicable surcharges must be paid.
- The Director of the USPTO must determine that the delay was indeed unintentional.
It’s important to note that the reinstatement process is not automatic and requires a formal petition and fee payment.
To learn more:
The Patent Law Treaties Implementation Act (PLTIA) introduced the concept of restoration of the right of priority. This provision allows applicants to file a subsequent application and still claim priority or benefit even if they missed the standard 12-month deadline (6-month for design applications).
As stated in the MPEP: Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.
(MPEP 210)
Key points about restoration of the right of priority:
- It applies to both foreign priority claims and domestic benefit claims to provisional applications.
- The subsequent application must be filed within 14 months from the filing date of the prior foreign application or provisional application (8 months for design applications).
- The delay in filing the subsequent application must be unintentional.
- A petition for restoration of the right of priority must be filed.
The specific requirements and procedures for restoration of the right of priority are outlined in 37 CFR 1.55(c) for foreign priority claims and 37 CFR 1.78(b) for domestic benefit claims.
For more information on PLTIA, visit: PLTIA.
For more information on unintentional delay, visit: unintentional delay.
What is the process for adding a benefit claim after the time period set forth in 37 CFR 1.78?
To add a benefit claim after the time period set forth in 37 CFR 1.78, you must file a petition to accept an unintentionally delayed benefit claim. The MPEP 211.02(a) outlines the process:
- File a petition under 37 CFR 1.78(c) for claiming the benefit of a prior-filed provisional application, or under 37 CFR 1.78(e) for claiming the benefit of a prior-filed nonprovisional application.
- Pay the petition fee (currently $2,000 for nonprovisional applications).
- Submit a corrected application data sheet (ADS) including the reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior-filed application.
- Provide a statement that the entire delay between the date the benefit claim was due and the date the benefit claim was filed was unintentional.
The MPEP states: “The Director may require additional information where there is a question whether the delay was unintentional.” It’s crucial to ensure all requirements are met to avoid potential rejection of the petition.
To learn more:
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:
- The reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior application (unless previously submitted)
- A petition fee under 37 CFR 1.17(m)
- 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.
The procedure for seeking relief from prescribed time limits in international design applications is outlined in 37 CFR 1.1051. This procedure allows applicants to excuse unintentional delays in meeting time limits under the Hague Agreement for requirements related to international design applications.
The key components of this procedure include:
- Filing a petition with the USPTO
- Providing necessary documentation
- Paying required fees
- Submitting a statement of unintentional delay
- Filing a terminal disclaimer in certain cases
As stated in the MPEP: “Pursuant to 35 U.S.C. 387, 37 CFR 1.1051 sets forth a petition procedure to excuse, with respect to the United States, an applicant’s failure to act within prescribed time limits under the Hague Agreement in connection with requirements pertaining to an international design application where the delay in applicant’s failure to act was unintentional.“
To learn more:
Patent Procedure (6)
An applicant can restore the right of priority if the U.S. application is filed after the 12-month deadline (or 6-month deadline for design applications) but within 2 months of the expiration of that period. This can be done through a petition process, provided the delay was unintentional.
According to MPEP 213.03: “As provided in 37 CFR 1.55(c), if the subsequent application has a filing date which is after the expiration of the twelve-month period (or six-month period in the case of a design application), but within two months from the expiration of the period, the right of priority in the subsequent application may be restored under PCT Rule 26bis.3 for an international application, or upon petition under 37 CFR 1.55(c), if the delay in filing the subsequent application within the period was unintentional.”
The petition to restore the right of priority must include:
- The priority claim identifying the prior foreign application
- The petition fee
- A statement that the delay in filing was unintentional
The USPTO may require additional information to establish that the delay was unintentional.
For more information on foreign priority, visit: foreign priority.
For more information on priority restoration, visit: priority restoration.
For more information on unintentional delay, visit: unintentional delay.
Yes, a patent can be reinstated after expiration due to non-payment of maintenance fees under certain conditions. The MPEP 2590 outlines the process for patent reinstatement:
“The patent may be reinstated if the delay in payment of the maintenance fee was unintentional.”
Key points about patent reinstatement:
- A petition for reinstatement must be filed within 24 months from the expiration date.
- The petition must include a statement that the delay was unintentional.
- All required maintenance fees and any applicable surcharges must be paid.
- The Director of the USPTO must determine that the delay was indeed unintentional.
It’s important to note that the reinstatement process is not automatic and requires a formal petition and fee payment.
To learn more:
The Patent Law Treaties Implementation Act (PLTIA) introduced the concept of restoration of the right of priority. This provision allows applicants to file a subsequent application and still claim priority or benefit even if they missed the standard 12-month deadline (6-month for design applications).
As stated in the MPEP: Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.
(MPEP 210)
Key points about restoration of the right of priority:
- It applies to both foreign priority claims and domestic benefit claims to provisional applications.
- The subsequent application must be filed within 14 months from the filing date of the prior foreign application or provisional application (8 months for design applications).
- The delay in filing the subsequent application must be unintentional.
- A petition for restoration of the right of priority must be filed.
The specific requirements and procedures for restoration of the right of priority are outlined in 37 CFR 1.55(c) for foreign priority claims and 37 CFR 1.78(b) for domestic benefit claims.
For more information on PLTIA, visit: PLTIA.
For more information on unintentional delay, visit: unintentional delay.
What is the process for adding a benefit claim after the time period set forth in 37 CFR 1.78?
To add a benefit claim after the time period set forth in 37 CFR 1.78, you must file a petition to accept an unintentionally delayed benefit claim. The MPEP 211.02(a) outlines the process:
- File a petition under 37 CFR 1.78(c) for claiming the benefit of a prior-filed provisional application, or under 37 CFR 1.78(e) for claiming the benefit of a prior-filed nonprovisional application.
- Pay the petition fee (currently $2,000 for nonprovisional applications).
- Submit a corrected application data sheet (ADS) including the reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior-filed application.
- Provide a statement that the entire delay between the date the benefit claim was due and the date the benefit claim was filed was unintentional.
The MPEP states: “The Director may require additional information where there is a question whether the delay was unintentional.” It’s crucial to ensure all requirements are met to avoid potential rejection of the petition.
To learn more:
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:
- The reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior application (unless previously submitted)
- A petition fee under 37 CFR 1.17(m)
- 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.
The procedure for seeking relief from prescribed time limits in international design applications is outlined in 37 CFR 1.1051. This procedure allows applicants to excuse unintentional delays in meeting time limits under the Hague Agreement for requirements related to international design applications.
The key components of this procedure include:
- Filing a petition with the USPTO
- Providing necessary documentation
- Paying required fees
- Submitting a statement of unintentional delay
- Filing a terminal disclaimer in certain cases
As stated in the MPEP: “Pursuant to 35 U.S.C. 387, 37 CFR 1.1051 sets forth a petition procedure to excuse, with respect to the United States, an applicant’s failure to act within prescribed time limits under the Hague Agreement in connection with requirements pertaining to an international design application where the delay in applicant’s failure to act was unintentional.“
To learn more: