How do I correct the filing date of a prior-filed application in a benefit claim?
How do I correct the filing date of a prior-filed application in a benefit claim?
To correct the filing date of a prior-filed application in a benefit claim, you need to follow specific procedures outlined in MPEP 211.02(a). The MPEP states:
“If the prior application is a provisional application, and the filing date of the provisional application in the benefit claim is incorrect, applicant should file a petition under 37 CFR 1.78 to correct the benefit claim. A petition under 37 CFR 1.78 and the petition fee are required to correct the benefit claim because the correction is considered a delayed claim as per 37 CFR 1.78.”
For non-provisional applications, a similar process applies. You must file a petition under 37 CFR 1.78 along with the required fee to correct the filing date in the benefit claim.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure