What is a ‘delayed claim’ for priority or benefit in a patent application?

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.

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.