What happens if I miss the deadline for submitting a benefit claim?

If you miss the deadline for submitting a benefit claim, you may still be able to claim the benefit by filing a petition. According to MPEP 211.02:

A benefit claim filed after the required time period may be accepted if it is accompanied by a grantable petition to accept an unintentionally delayed benefit claim under 35 U.S.C. 119(e) (see 37 CFR 1.78(c)) or under 35 U.S.C. 120, 121, 365(c), or 386(c) (see 37 CFR 1.78(e)).

The petition must include:

• The reference to the prior application (unless previously submitted)
• The petition fee under 37 CFR 1.17(m)
• A statement that the entire delay was unintentional

The Director may require additional information if there’s a question about whether the delay was unintentional. It’s important to note that accepting a late benefit claim is at the discretion of the USPTO and is not guaranteed.

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

For more information on USPTO, visit: USPTO.