Can I correct a timely benefit claim without a petition?
Can I correct a timely benefit claim without a petition?
Yes, in certain circumstances, you can correct a timely benefit claim without filing a petition. The MPEP 211.02(a) provides guidance on this:
If an applicant includes a benefit claim in a timely filed application data sheet (ADS), but the benefit claim contains a typographical error or improper application number, the applicant may correct the benefit claim without a petition by submitting a corrected ADS in compliance with 37 CFR 1.76(c) if the correction is made within the time period set forth in 37 CFR 1.78.
To correct a timely benefit claim without a petition:
- The original benefit claim must have been submitted in a timely filed ADS
- The correction must be for a typographical error or improper application number
- Submit a corrected ADS complying with 37 CFR 1.76(c)
- Make the correction within the time period specified in 37 CFR 1.78
It’s important to note that this option is only available for minor corrections to timely filed benefit claims. For more substantial changes or untimely claims, a petition may still be required.
To learn more: