What is the time limit for filing a petition to accept a delayed benefit claim?

The time limit for filing a petition to accept a delayed benefit claim depends on the type of application:

• For nonprovisional applications: The petition must be filed 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 design applications: The petition must be filed 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 international applications entering the national stage under 35 U.S.C. 371: The time limit is four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f).

As stated in MPEP 211.04: “If the later-filed application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, this period is 4 months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f).”

To learn more:

• delayed benefit claim
• petition time limit
• national stage applications
• nonprovisional applications
• design applications