What are the requirements for filing a delayed benefit claim for a provisional application?

Filing a delayed benefit claim for a provisional application requires specific components. MPEP 211.04 outlines the requirements: The petition must be accompanied by: (A) the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78 to the prior provisional application (unless previously submitted); (B) a petition fee under 37 CFR 1.17(m); and (C) a statement…

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What are the requirements for accepting an unintentionally delayed claim for foreign priority?

The requirements for accepting an unintentionally delayed claim for foreign priority include: Filing a petition to accept a delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b). Submitting the priority claim in an application data sheet identifying the foreign application. Providing a certified copy of the foreign…

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Can a petition under 37 CFR 1.47(a) be filed for multiple unavailable inventors?

Yes, a petition under 37 CFR 1.47(a) can be filed for multiple unavailable inventors. The MPEP 409.03(b) states: ‘Where there are joint inventors, each nonsigning inventor must be petitioned for separately, even if more than one nonsigning inventor is unavailable.’ This means that while a single petition can cover multiple unavailable inventors, the petition must…

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What are the requirements for a petition to accept an unintentionally delayed priority claim?

According to MPEP 214.02, a petition to accept an unintentionally delayed claim for priority requires the following: The priority claim: This must be submitted in an application data sheet (ADS) as required by 35 U.S.C. 119(b), unless previously submitted. The petition fee: As set forth in 37 CFR 1.17(m). A statement of unintentional delay: A…

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What is the difference between an unintentional delay and an intentional delay in filing a benefit claim?

The distinction between unintentional and intentional delay is crucial when filing a delayed benefit claim. The MPEP 211.04 addresses this: ‘A petition to accept an unintentionally delayed claim under 35 U.S.C. 120, 121, 365(c), or 386(c) for the benefit of a prior-filed application must be accompanied by: … (3) A statement that the entire delay…

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