How do I correct or add a benefit claim after filing my application?

To correct or add a benefit claim after filing your application, you need to follow specific procedures depending on the timing and circumstances:

1. If you received a filing receipt with missing or incorrect benefit claim information, you can request a corrected filing receipt. However, the Office will only grant this request if the proper reference to the prior application was included in the original filing or within the time period required by 37 CFR 1.78.
2. If you’re adding a benefit claim after the time period required by 37 CFR 1.78, you must file a petition and pay the petition fee. The petition must be accompanied by a corrected Application Data Sheet (ADS) for applications filed on or after September 16, 2012, or an amendment to the specification or a supplemental ADS for applications filed before that date.

As stated in MPEP 211.02(a): If a benefit claim is added after the time period required by 37 CFR 1.78, a petition and the petition fee are required.

Depending on the status of your application, you may also need to file:

• A Request for Continued Examination (RCE) if the application is under final rejection or has been allowed.
• A reissue application or a request for a certificate of correction if the application has already issued as a patent.

It’s important to note that you cannot add an incorporation by reference statement to a benefit claim after the filing date, as this would be considered new matter.

For more information on ADS, visit: ADS.

For more information on RCE, visit: RCE.