Are there situations where a petition is not required to correct a benefit claim?

Yes, there are certain situations where a petition and petition fee are not required to correct a timely submitted benefit claim. According to the MPEP, these situations include:

• Changing the relationship of the applications (e.g., from “continuation” to “continuation-in-part” or vice versa)
• Changing the filing date of a prior-filed nonprovisional or provisional application
• Changing a benefit claim of a prior-filed provisional application from 35 U.S.C. 120 to 35 U.S.C. 119(e) during the pendency of the later-filed application

Additionally, if the benefit claim was included elsewhere in the application (e.g., in an oath, declaration, or transmittal letter) within the required time period and was recognized by the Office as shown on the first filing receipt, a petition is not required. However, the applicant must still submit the benefit claim in the proper format (i.e., in an Application Data Sheet or by amending the specification for applications filed before September 16, 2012).

Note: If the application has already issued as a patent, corrections to benefit claims that would affect the patent term cannot be made by a certificate of correction or in a reissue application.