How does the USPTO handle unintentionally delayed domestic benefit claims?
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…
Read MoreWhat should I do if I missed the deadline for filing a benefit claim?
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…
Read MoreWhat are the requirements for a petition to restore the right of priority?
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…
Read MoreHow can an applicant file a delayed claim for foreign priority in a U.S. patent application?
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: The priority claim under 35 U.S.C.…
Read MoreHow can I petition for access to a pending application?
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…
Read MoreWhat are the consequences of failing to timely submit a reference to a prior-filed application for a benefit claim under 35 U.S.C. 120 or 119(e)?
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…
Read More