What is the time period for correcting a benefit claim under 37 CFR 1.78?

What is the time period for correcting a benefit claim under 37 CFR 1.78?

The time period for correcting a benefit claim under 37 CFR 1.78 is crucial for patent applicants. According to MPEP 211.02(a):

The time period for making a claim for benefit of a prior-filed application under 37 CFR 1.78(a)(3) and 37 CFR 1.78(d)(3) is specified in 37 CFR 1.78(a)(4) and 37 CFR 1.78(d)(3).

The specific time periods are:

• For nonprovisional applications: The later of 4 months from the actual filing date of the application or 16 months from the filing date of the prior application
• For design applications: The later of 4 months from the actual filing date of the application or 16 months from the filing date of the prior application
• For international applications entering the national stage: The time period in 37 CFR 1.55 for claiming priority to foreign applications applies

It’s important to note that if you miss these deadlines, you may need to file a petition under 37 CFR 1.78(c) or (e) to accept an unintentionally delayed benefit claim.

To learn more:

• benefit claim
• time period
• 37 CFR 1.78
• patent application
• correction

To learn more:

• 37 CFR 1.78