How are delayed benefit claims handled in international applications?

Delayed benefit claims in international applications have specific procedures. According to MPEP 211.04:

A petition under 37 CFR 1.78 for accepting an unintentionally delayed benefit claim and the petition fee under 37 CFR 1.17(m) are required to add a benefit claim under 35 U.S.C. 120 and 365(c) in an abandoned international application designating the United States, even when the international application did not enter the national stage under 35 U.S.C. 371.

For international applications not filed with the U.S. Receiving Office and not a nonprovisional application, the petition may be filed in the earliest nonprovisional application claiming benefit to the international application. This petition will be treated as if filed in the international application itself.

For more information on international applications, visit: international applications.

For more information on patent procedure, visit: patent procedure.