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13 - Unintentionally Delayed Domestic Benefit Claims

Deciding Office: The Office of Petitions

The criteria for a Petition related to Unintentionally Delayed Domestic Benefit Claims is set forth in 37 CFR 1.78

In general, these are the steps to follow for filing a Petition related to Unintentionally Delayed Domestic Benefit Claims:

  • A Petition related to Unintentionally Delayed Domestic Benefit Claims under 37 CFR 1.78(a)(2)(i) and (iii) must be accompanied by: (1) the reference required by 35 U.S.C. 120 and 37 CFR 1.78(a)(2)(i) and (iii) to the prior-filed application (unless previously submitted); (2) the surcharge set forth in 37 CFR 1.17(t); and (3) a statement that the entire delay between the date the claim was due under 37 CFR 1.78(a)(2)(ii) and the date the claim was filed was unintentional.  The Director may require additional information where there is a question whether the delay was unintentional.

Fees:

  • For the proper petition fee required for a Petitions related to Unintentionally Delayed Domestic Benefit Claims, please consult the Current USPTO Fee Schedule on the Fee Information Page for code 1454/2454/3454 (Large Entity/Small Entity/Micro Entity) under the Patent Petition Fees.

How to File:

For the relevant patent laws and rules applicable to for Petitions related to Unintentionally Delayed Domestic Benefit Claims, please see:

  • 37 CFR 1.17, Patent application and reexamination processing fees;
  • 37 CFR 1.78, Claiming benefit of earlier filing date and cross-references to other applications;
  • MPEP § 201.11, Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e); and
  • MPEP § 201.14, Right of Priority, Formal Requirements.

Forms:

No form available.  Submit a signed request that includes information listed in Requirements of a Petition.


For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).

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Last Modified: 10/23/2013 11:41:01 AM