How can I file a petition to accept an unintentionally delayed benefit claim?
To file a petition to accept an unintentionally delayed benefit claim, you should: File the petition under 37 CFR 1.78 Explain the reasons for the delay and demonstrate that it was unintentional Pay the required petition fee Submit the benefit claim (either through a corrected ADS or specification amendment, depending on your application’s filing date)…
Read MoreWhat happens if a benefit claim is not submitted within the required time period?
If a benefit claim is not submitted within the required time period, it is considered waived. The MPEP states: This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior…
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