What 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…
Read MoreWhat happens if the specific reference is not submitted within the required time period?
If the specific reference to a prior-filed application is not submitted within the required time period, it is considered a waiver of any benefit claim to that prior application. 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…
Read MoreWhat time periods apply for submitting a specific reference to a prior-filed application to claim benefit under 35 U.S.C. 120 or 119(e)?
The reference to the prior-filed application to claim benefit under 35 U.S.C. 120 or 119(e) must be submitted within the following time periods under 37 CFR 1.78: For an application filed under 35 U.S.C. 111(a), the later of four months from the filing date or sixteen months from the filing date of the prior-filed application…
Read MoreWhat are the consequences of failing to timely submit a reference to a prior-filed application for a benefit claim under 35 U.S.C. 120 or 119(e)?
Failure to timely submit the reference to the prior-filed application within the time periods specified in 37 CFR 1.78 is considered a waiver of any benefit claim under 35 U.S.C. 120, 121, 365(c), or 386(c) to the prior-filed application. See 37 CFR 1.78(d)(3)(iii). The time periods are not extendable. If the reference to the prior-filed…
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