How do I correct a benefit claim in a nonprovisional application after the time period set forth in 37 CFR 1.78?

How do I correct a benefit claim in a nonprovisional application after the time period set forth in 37 CFR 1.78?

To correct a benefit claim in a nonprovisional application after the time period set forth in 37 CFR 1.78, you need to file a petition to accept a delayed claim. The MPEP states:

“A petition to accept a delayed claim under 37 CFR 1.78(c) for the benefit of a prior-filed provisional application or under 37 CFR 1.78(e) for the benefit of a prior-filed nonprovisional application must be accompanied by:”

• The reference required by 35 U.S.C. 119(e) and 37 CFR 1.78(a)(3) to the prior-filed provisional application or the reference required by 35 U.S.C. 120 and 37 CFR 1.78(d)(2) to the prior-filed nonprovisional application, unless previously submitted;
• The petition fee set forth in 37 CFR 1.17(m); and
• A statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78(a)(4) or 37 CFR 1.78(d)(3) and the date the benefit claim was filed was unintentional.

The Director may require additional information where there is a question whether the delay was unintentional.

For more detailed information, refer to MPEP 211.02(a).

To learn more:

• benefit claim
• nonprovisional application
• petition
• delayed claim