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 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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