What happens if a delayed benefit claim is filed after the patent issues?

If a delayed benefit claim is filed after the patent issues, it cannot be accepted. The MPEP 211.04 states:

‘A delayed benefit claim filed after issuance of a patent cannot be accepted.’

This means that once a patent has been granted, it is no longer possible to add or modify benefit claims. Any attempts to file a delayed benefit claim after patent issuance will be denied.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: Benefit Claim Limitations, Delayed Benefit Claim, patent issuance