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.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure