What is a delayed benefit claim in patent applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A delayed benefit claim in patent applications refers to a situation where an applicant fails to submit the required reference to a prior application within the specified time period. In such cases, the applicant may file a petition for an unintentionally delayed claim.

According to MPEP 211.04, the petition must include:

• The reference to the prior application
• A petition fee
• A statement that the entire delay was unintentional

The MPEP states: “If the reference required by 35 U.S.C. 120 and 37 CFR 1.78 is not submitted within the required time period, a petition for an unintentionally delayed claim may be filed.”