How can I correct a timely submitted benefit claim with errors?

How can I correct a timely submitted benefit claim with errors?

If you’ve submitted a benefit claim within the required time period but it contains errors, you can correct it without filing a petition. According to MPEP 211.02(a):

“A petition under 37 CFR 1.78 and the petition fee would not be required for correcting a timely submitted benefit claim for the following situations: (1) Changing the relationship of the applications (e.g., changing from “continuation” or “divisional” to “continuation-in-part” or from “continuation-in-part” to “continuation” or “divisional”); (2) Changing the filing date of a prior-filed nonprovisional or provisional application; and (3) Changing a benefit claim of a prior-filed provisional application under 35 U.S.C. 120 (e.g., “This application is a continuation of prior-filed provisional application No. —“) to a benefit claim of the same provisional application under 35 U.S.C. 119(e) (e.g., “This application claims the benefit of prior-filed provisional application No. —“) during the pendency of the later-filed application.”

To make these corrections, you should submit a corrected application data sheet (ADS) with the proper markings to show the changes.

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: ADS, application data sheet, Benefit Claim, Correction