What does ‘unintentional delay’ mean in the context of restoring provisional application benefit?

‘Unintentional delay’ is a crucial concept when seeking to restore the benefit of a provisional application. The MPEP requires:

“A statement that the delay in filing the subsequent nonprovisional application or international application designating the United States within the twelve-month period was unintentional.”

While the MPEP doesn’t provide a specific definition of ‘unintentional delay’, it generally means that the failure to meet the 12-month deadline was not deliberate. The USPTO may require additional information to determine if the delay was truly unintentional:

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

It’s important to be prepared to explain the circumstances that led to the delay if requested.

For more information on patent procedure, visit: patent procedure.

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

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