What is a ‘delayed claim’ for priority or benefit in a patent application?
What is a ‘delayed claim’ for priority or benefit in a patent application?
A ‘delayed claim’ for priority or benefit in a patent application refers to a claim that is filed after the time period set forth in 37 CFR 1.78. According to MPEP 211.02(a), “A petition under 37 CFR 1.78 and the petition fee are required to add or correct a benefit claim after the time period set forth in 37 CFR 1.78.” This means that if an applicant misses the deadline for claiming priority or benefit, they must file a petition and pay a fee to have the claim considered.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure