What is the deadline for submitting a benefit claim?

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

• For utility or plant applications filed under 35 U.S.C. 111(a): Submit 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 national stage applications under 35 U.S.C. 371: Submit 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, or sixteen months from the filing date of the prior application.

The MPEP emphasizes: 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). (MPEP § 211)

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