What is the process for adding a benefit claim after the time period set forth in 37 CFR 1.78?

What is the process for adding a benefit claim after the time period set forth in 37 CFR 1.78?

To add a benefit claim after the time period set forth in 37 CFR 1.78, you must file a petition to accept an unintentionally delayed benefit claim. The MPEP 211.02(a) outlines the process:

1. File a petition under 37 CFR 1.78(c) for claiming the benefit of a prior-filed provisional application, or under 37 CFR 1.78(e) for claiming the benefit of a prior-filed nonprovisional application.
2. Pay the petition fee (currently $2,000 for nonprovisional applications).
3. Submit a corrected application data sheet (ADS) including the reference required by 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the prior-filed application.
4. Provide a statement that the entire delay between the date the benefit claim was due and the date the benefit claim was filed was unintentional.

The MPEP states: “The Director may require additional information where there is a question whether the delay was unintentional.” It’s crucial to ensure all requirements are met to avoid potential rejection of the petition.

To learn more:

• benefit claim
• delayed claim
• petition
• unintentional delay