How does the USPTO determine if a delay in claiming priority was unintentional?

The USPTO evaluates whether a delay in claiming priority was unintentional based on the totality of the circumstances. According to MPEP 214.02:

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

This means that the USPTO may request additional information from the applicant to determine if the delay was truly unintentional. The evaluation process typically involves:

• Reviewing the explanation provided in the petition
• Considering the length of the delay
• Assessing any changes in ownership or responsibility for the application
• Examining the circumstances surrounding the discovery of the need for a delayed priority claim

The USPTO applies a good faith standard, looking for evidence that the delay was not deliberate and that reasonable steps were taken to correct the issue once it was discovered. It’s important to provide a detailed and honest account of the circumstances leading to the delay when filing the petition.

To learn more:

• unintentional delay
• priority claim
• USPTO evaluation
• good faith standard