How 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 More

What happens if a benefit claim to a provisional application is submitted without proper indication of an intermediate application?

If a benefit claim to a provisional application lacks proper indication of an intermediate application: The Office may not recognize the benefit claim The benefit claim may not appear on the filing receipt A petition under 37 CFR 1.78(c) and petition fee may be required to correct the benefit claim MPEP 211.01(b) states: “If a…

Read More