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 can have significant implications for patent term adjustment (PTA). According to MPEP 211.04:
‘If a benefit claim is submitted later than the time period provided by 37 CFR 1.78, the patent will not be granted the earlier filing date unless a petition under 37 CFR 1.78 is granted. If the petition is granted, the patent term adjustment (PTA) may be reduced.’
This means that if your delayed benefit claim is accepted through a successful petition, it may result in a reduction of your patent’s term adjustment. The reduction in PTA is intended to balance the benefit gained from the earlier filing date against the delay in claiming that benefit.