What are the requirements for filing a delayed benefit claim for a provisional application?

Filing a delayed benefit claim for a provisional application requires specific components. MPEP 211.04 outlines the requirements:

The petition must be accompanied by: (A) the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78 to the prior provisional application (unless previously submitted); (B) a petition fee under 37 CFR 1.17(m); and (C) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional.

For petitions filed more than two years after the due date, additional explanation of the delay circumstances is required to establish that the entire delay was unintentional.

For more information on petition requirements, visit: petition requirements.

For more information on provisional application, visit: provisional application.

For more information on unintentional delay, visit: unintentional delay.