How does the ‘unintentional’ delay standard apply to delayed benefit claims?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. The ‘unintentional’ delay standard is crucial in evaluating petitions for delayed benefit claims. According to MPEP 211.04 : While the Director may require additional information whenever there is a question of whether the delay was unintentional, a person filing a petition to accept a delayed benefit claim more than two years after the date the benefit claim was due is required to provide additional explanation of the circumstances surrounding the delay that establishes that the entire delay was unintentional. This requirement is in addition to the standard statement of unintentional delay. For further discussion on the ‘unintentional’ delay standard, refer to MPEP § 711.03(c) . For more information on unintentional delay, visit: unintentional delay . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Director May Require Proof of Unintentional Delay for Benefit Claim MPEP 211 Permitted Petition for Unintentionally Delayed Benefit Claim MPEP 211.04 Required Unintentionally Delayed Benefit Claim Acceptable MPEP 211 Required Amendment Required for Earlier Filing Date Benefit MPEP 211 Required Unintentional Delay Statement Required for Benefit Claim MPEP 211 Director May Require Proof of Unintentional Delay MPEP 211 Permitted Director May Require Proof of Unintentional Delay for Provisional Application Benefit Claim MPEP 211 Permitted Petition for Nonprovisional Application Benefit Claim MPEP 211.04 Required Petition for Delayed Benefit Claim Over Two Years Must Explain Unintentional Delay MPEP 211.04 Required Claiming Benefit of Prior Applications MPEP 211 Permitted Other Related FAQs 5 FAQs Collapse What are the requirements for filing a delayed benefit claim for a...