What is the difference between an unintentional delay and an intentional delay in filing a benefit claim?
The distinction between unintentional and intentional delay is crucial when filing a delayed benefit claim. The MPEP 211.04 addresses this:
‘A petition to accept an unintentionally delayed claim under 35 U.S.C. 120, 121, 365(c), or 386(c) for the benefit of a prior-filed application must be accompanied by: … (3) A statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78(d)(3) and the date the benefit claim was filed was unintentional.’
An unintentional delay may be caused by oversight, administrative error, or other circumstances not intended to delay the filing. Intentional delay, on the other hand, implies a deliberate choice not to file the benefit claim on time. Only unintentional delays can be remedied through a petition. Intentional delays are not excusable and will result in the denial of the delayed benefit claim.
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