What is required for a petition to restore the benefit of a provisional application?
A petition to restore the benefit of a provisional application under 37 CFR 1.78(b) must include several elements. According to MPEP 211.01(a): ‘A petition under 37 CFR 1.78(b) requires: (A) the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78 to the prior-filed provisional application, which must be included in application data sheet (unless…
Read MoreHow can the benefit of a provisional application be restored if filed after 12 months?
The benefit of a provisional application can be restored if the nonprovisional application is filed within 14 months of the provisional application filing date. To restore the benefit: File a petition under 37 CFR 1.78(b) in the nonprovisional application Include the reference to the provisional application in an application data sheet Pay the petition fee…
Read MoreHow can the benefit of a provisional application be restored if the 12-month deadline is missed?
If an applicant misses the 12-month deadline for claiming the benefit of a provisional application, they may be able to restore the benefit under certain conditions: The nonprovisional application must be filed within 14 months of the provisional application’s filing date A petition under 37 CFR 1.78(b) must be filed in the nonprovisional application The…
Read MoreWhat is the process for restoring the benefit of a provisional application after the 12-month deadline?
The process for restoring the benefit of a provisional application after the 12-month deadline involves filing a petition under 37 CFR 1.78(b). This petition must be filed in the subsequent application (nonprovisional or international application designating the US) within 14 months of the provisional application’s filing date. The MPEP outlines the requirements: “A petition under…
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