MPEP Q & A 278: Claiming the benefit of a provisional application



What does a petition under 37 CFR 1.78(b) require?


A petition under 37 CFR 1.78(b) requires:

  • (A) the reference required by 35 U.S.C. 119(e)and 37 CFR 1.78 to the prior-filed provisional application, which must be included in application data sheet (unless previously submitted in an application data sheet);
  • (B) the petition fee as set forth in 37 CFR1.17(m); and
  • (C) a statement that the delay in filing the nonprovisional application or international application designating the United States within the twelve-month period set forth in 37 CFR1.78(a)(1)(i) 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, Cross-Noting, and Status of Application.

The answer is from the 9th Edition, Revision 10.2019. 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 211.01(a) of the MPEP.  The following is a brief summary of section 211.01(a).

211.01(a)   Claiming the Benefit of a Provisional Application

This section outlines the details of claiming the benefit of a provisional application. One topic covered is the 12-month deadline for claiming the benefit of a prior-filed provisional application.

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