How does the USPTO handle unintentionally delayed domestic benefit claims?
The USPTO handles unintentionally delayed domestic benefit claims similarly to foreign priority claims, but with some specific provisions. According to MPEP 214.02:
‘For applications filed on or after September 16, 2012, the specific reference to the prior application must be included in an application data sheet (37 CFR 1.76). For applications filed prior to September 16, 2012, the specific reference to the prior application must be in the first sentence(s) of the specification or in an application data sheet.’
For domestic benefit claims under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c), a petition to accept an unintentionally delayed claim must include:
- The reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior-filed application, unless previously submitted;
- The petition fee set forth in 37 CFR 1.17(m); and
- A statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the benefit claim was filed was unintentional.
The Director may require additional information where there is a question whether the delay was unintentional.
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