What is the time limit for claiming benefit of a prior application?

The time limit for claiming benefit of a prior application depends on the type of application:

• For utility or plant applications filed under 35 U.S.C. 111(a), the benefit claim must be made within the later of:
  • Four months from the actual filing date of the later-filed application, or
  • Sixteen months from the filing date of the prior-filed application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim 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 to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “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) unless a petition to accept an unintentionally delayed benefit claim is granted.”

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 time limit, visit: time limit.