How can I file a petition to accept an unintentionally delayed benefit claim?
To file a petition to accept an unintentionally delayed benefit claim, you should:
- File the petition under 37 CFR 1.78
- Explain the reasons for the delay and demonstrate that it was unintentional
- Pay the required petition fee
- Submit the benefit claim (either through a corrected ADS or specification amendment, depending on your application’s filing date)
As mentioned in MPEP 2133.02(a): “Submitting and perfecting a benefit claim under 35 U.S.C. 120, within the time period set in 37 CFR 1.78 (or by filing a grantable petition to accept an unintentionally delayed claim under 37 CFR 1.78 as explained in MPEP § 211.04).”
For more detailed information on filing these petitions, refer to MPEP § 211.04.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2133.02(A) - Overcoming A Pre - Aia 35 U.S.C. 102(B) Rejection Based On A Printed Publication Or Patent,
Patent Law,
Patent Procedure