MPEP Q & A 197: What Must a Petition for an Unintentionally Delayed Claim be Filed With?

mpep-podcast-800

Question:

What must a petition for an unintentionally delayed claim be filed with?

Answer:

A petition for an unintentionally delayed claim must be accompanied by:

  • (A) the reference required by 35 U.S.C. 120 and 37 CFR 1.78 to the prior application (unless previously submitted);
  • (B) a petition fee under 37 CFR 1.17(m); and
  • (C) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 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.

Chapter Details:

The answer to this question can be found in chapter 200 of the MPEP. This chapter covers Types and Status of Application; Benefit and Priority Claims.

The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 211.04 of the MPEP.  The following is a brief summary of section 211.04.

211.04 Delayed Benefit Claims

This section outlines delayed benefit claims. For instance, if the reference required by 35 U.S.C. 120 and 37 CFR 1.78 is not submitted within the required time period, a petition for an unintentionally delayed claim may be filed. Also included is a delayed submission of benefit claims in international applications.