How can I file a delayed benefit claim for a provisional application?

Filing a delayed benefit claim for a provisional application follows a similar process to other delayed benefit claims. According to MPEP 211.04:

“If the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78 is not submitted within the required time period, a petition for an unintentionally delayed claim may be filed.”

The petition must include:

• The reference to the prior provisional application
• A petition fee
• A statement that the entire delay was unintentional

It’s important to note that as of December 18, 2013, the amendment containing the specific reference to the earlier filed provisional application no longer needs to be submitted during the pendency of the application.

To learn more:

• provisional application
• delayed benefit claim
• petition
• unintentional delay