What is the deadline for filing a benefit claim under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c)?

The deadline for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on filing deadline, visit: filing deadline.

For more information on national stage application, visit: national stage application.