What additional requirements are there for delayed priority claims filed more than two years after the due date?

For delayed priority claims filed more than two years after the due date, additional explanation is required. The MPEP states: “A person filing a petition to accept a delayed priority claim more than two years after the date the foreign priority claim was due is required to provide additional explanation of the circumstances surrounding the…

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How are delayed priority claims handled in design applications?

The handling of delayed priority claims in design applications has evolved. The MPEP provides the following information: “Before May 13, 2015, no procedures were established for accepting an unintentionally delayed priority claim in a design application. Effective May 13, 2015, 37 CFR 1.55(e) provides for the filing of a petition for acceptance of an unintentionally…

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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…

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How does the ‘unintentional’ delay standard apply to delayed benefit claims?

The ‘unintentional’ delay standard is crucial in evaluating petitions for delayed benefit claims. According to MPEP 211.04: While the Director may require additional information whenever there is a question of whether the delay was unintentional, a person filing a petition to accept a delayed benefit claim more than two years after the date the benefit…

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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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