What happens if the specific reference is not submitted within the required time period?

If the specific reference to a prior-filed application is not submitted within the required time period, it is considered a waiver of any benefit claim to that prior application. The MPEP states:

This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c).

However, there is a possibility to accept a late benefit claim. The MPEP provides that: 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)).

Such a petition must include:

1. The reference to the prior application
2. The petition fee
3. A statement that the delay was unintentional

The Director may require additional information to verify that the delay was indeed unintentional.

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

For more information on waiver, visit: waiver.