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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition for Unintentionally Delayed Benefit Claim MPEP 211.04 Required Petition for Unintentionally Delayed Benefit Claim MPEP 211.04 Required Petition for Unintentionally Delayed Benefit Claim MPEP 211.04 Required Delayed Benefit Claim for Design Applications MPEP 211.04 Permitted Petition for Unintentionally Delayed Claim Reference MPEP 211.04 Required Petition for Unintentionally Delayed Provisional Application Reference MPEP 211 Petitions for Unintentionally Delayed Benefit Claims Must Be Forwarded to Office of Petitions MPEP 211.04 Recommended Reference to Prior Provisional Application Required in Nonprovisional Application MPEP 211 Required Unintentionally Delayed Benefit Claim Acceptable MPEP 211 Required Petition for Delayed Benefit Claim Over Two Years Must Explain Unintentional Delay MPEP 211.04 Required Other Related FAQs 5 FAQs Collapse What is the difference between an unintentional delay and an intentional delay in filing a ben...