Fillable PETITION TO ACCEPT AN UNINTENTIONALLY DELAYED CLAIM UNDER (USPTO)

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PETITION TO ACCEPT AN UNINTENTIONALLY DELAYED CLAIM UNDER (USPTO)

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Doc Code: PET.OP
Document Description: Petition for Review by the Office of Petitions
PTO/SB/445 (05-18)
Approved for use through 11 /30/2020. OMB 0651-00 32
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PETITION TO ACCEPT AN UNINTENTIONALLY DELAYED CLAIM UNDER 35 U.S.C. 119(e)
FOR THE BENEFIT OF A PRIOR-FILED PROVISONAL APPLICATION (37 CFR 1.78(c))
Page 1 of 4
First named inventor: _______________________________________________________________________________________________
Application No.: _______________________________________ Art Unit: _____________________________________________
Filed: _________________________________________________ Examiner: ____________________________________________
Title:
Attention: Office of Petitions
Mail Stop Petition
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
FAX (571) 273-8300
NOTE: If information or assistance is needed in completing this form, please contact the Office of Petitions at (571) 272-3282.
APPLICANT HEREBY PETITIONS FOR ACCEPTANCE OF AN UNINTENTIONALLY DELAYED BENEFIT CLAIM UNDER 37 CFR 1.78(c).
NOTE: A grantable petition requires the following items:
(1) the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78(a)(3) to the prior-filed provisional application, unless previously
submitted;
(2) the petition fee set forth in 37 CFR 1.17(m); and
(3) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78(a)(4) and the date the
benefit claim was filed was unintentional. The Director may require additional information where there is a question as to
whether the delay was unintentional.
1. The reference required by 35 U.S.C. 119(e) and 37 CFR 1.78(a)(3) to the prior-filed pr ovisional application
The application was filed on or after September 16, 2012, and the reference is either set forth in the attached corrected ADS, or in a
corrected ADS that was previously submitted.
The application was filed prior to September 16, 2012, and the reference is either (1) set forth in a supplemental ADS, or (2) set forth
in the attached amendment to the first sentence(s) of the specification, or (3) a supplemental ADS or amendment to the first
sentence(s) of the specification was previously submitted. See 37 CFR 1.78(h).
Reminders:
• Any ADS which corrects or updates the information of record must comply with 37 CFR 1.76(c)(2) (or for applications filed
prior to September 16, 2012, pre-AIA 37 CFR 1.76(c))
• The nonprovisional application must have been filed within 1 year of the filing date of the prior-filed pr ovisional application
except as provided in 37 CFR 1.78(b). See 37 CFR 1.78(a).
2. Petition fee
Small entity fee $ __________ (37 CFR 1.17(m)). Applicant asserts small entity status. See 37 CFR 1.27.
Micro entity fee $ __________ (37 CFR 1.17(m)). Applicant has established or is establishing micro entity status. See 37 CFR 1.29.
Form PTO/SB/15A or B or equivalent must either be enclosed or have been submitted previously.
Undiscounted fee $ __________ (37 CFR 1.17(m)).
This collection of information is required by 37 CFR 1.78(c). The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO
to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11, 1.14 and 41.6. This collection is estimated to take 1 ho ur to complete,
including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on
the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and
Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 2 2313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND
TO: Mail Stop Petition, Commissioner for Pate nts, P.O. Box 1450, Alexandria, VA 22313-1 450 .
If you need assistance in completing the form, call 1-800-PTO-91 99 an d selec t o ptio n 2 .
Doc Code: PET.OP
Document Description: Petition for Review by the Office of Petitions
PTO/SB/445 (12-17)
Approved for use through 11 /30/2020. OMB 0651-00 32
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PETITION TO ACCEPT AN UNINTENTIONALLY DELAYED CLAIM UNDER 35 U.S.C. 119(e)
FOR THE BENEFIT OF A PRIOR-FILED PROVISIONAL APPLICATION (37 CFR 1.78(c))
Page 2 of 4
3. STATEMENT: The entire delay between the date the benefit claim was due under 37 CFR 1.78(a)(4) and the date the benefit claim was
filed was unintentional.
NOTE: The Director may require additional information where there is a question whether the delay was unintentional.
WARNING:
Petitioner/applicant is cautioned to avoid submitting personal information in documents filed in a patent application that may contribute to
identity theft. Personal information such as social security numbers, bank account numbers, or credit card numbers (other than a check or
credit card authorization form PTO-2038 submitted for payment purposes) is never required by the USPTO to support a petition or an
application. If this type of personal information is included in documents submitted to the USPTO, petitioners/applicants should consider
redacting such personal information from the documents before submitting them to the USPTO. Petitioner/applicant is advised that the
record of a patent application is available to the public after publication of the application (unless a non-publication request in compliance
with 37 CFR 1.213(a) is made in the application) or issuance of a patent. Furthermore, the record from an abandoned application may also
be available to the public if the application is referenced in a published application or an issued patent (see 37 CFR 1.14). Checks and credit
card authorization forms PTO-2038 submitted for payment purposes are not retained in the application file and therefore are not publicly
available.
__________________________________________________ _______________________________________
Signature* Date
__________________________________________________ _______________________________________
Typed or Printed Name Registration Number, if applicable
__________________________________________________ _______________________________________
Address Telephone Number
__________________________________________________
Address
* This petition must be signed in accordance with 37 CFR 1.33. Please see 37 CFR 1.4(d) for the signature requirements. Submit multiple
forms if more than one signature is required.
Enclosures:
Application Data Sheet (see Instructions starting on page 3)
Fee
Other: _______________________________________________________________________________________________________
CERTIFICATE OF MAILING OR TRANSMISSION [37 CFR 1.8(a)]
I hereby certify that this correspondence is being:
Deposited with the United States Postal Service on the date shown below with sufficient postage as first class mail in an envelope
addressed to: Mail Stop Petition, Commissioner for Patents, P. O. Box 1450, Alexandria, VA 22313-1450.
Transmitted by EFS-Web or by fax on the date shown below to the United States Patent and Trademark Office at (571) 273-8300.
____________________________ ____________________________________________________________
Date Signature
_____________________________________________________________
Typed or printed name of person signing certificate
Instructions for Petition to Accept an Unintentionally Delayed Claim under 35 U.S.C. 119(e)
for the Benefit of a Prior-Filed Provisional Application (37 CFR 1.78(c))
(Not to be Submitted to the USPTO)
Note: This form is for unintentionally delayed benefit claims to provisional application(s) only
1.
The reference required by 35 U.S.C. 119(e) and 37 CFR 1.78(a)(3) to the provisional application
a. For applications filed on or after September 16, 2012, the reference must be set forth in a
corrected ADS.
Note: Any ADS filed after the filing of the application is considered a corrected (or updated) ADS even
if an ADS was not previously submitted. A corrected ADS must identify the information that is being
changed with underlining for insertions and strike-through or brackets for text removed. In general,
the identification of the information being changed should be made relative to the most recent filing
receipt. For example, where the most recent filing receipt for the application shows no benefit claim,
the entire benefit claim must be shown with underlining in the corrected ADS. In addition, if the ADS
identified an incorrect provisional application number and the most recent filing receipt included the
incorrect provisional application number, the corrected ADS should identify the incorrect provisional
application number being deleted with strike-through or brackets, and should identify the correct
provisional application number being added with underlining. For more information regarding a
corrected ADS in an application filed on or after September 16, 2012, see MPEP 601.05(a), subsection
II.
A corrected ADS may include all of the section headings listed in 37 CFR 1.76(b) with all appropriate
data for each heading or only those sections (including the section headings) containing changed or
updated information. See 37 CFR 1.76(c)(2). A corrected ADS must identify the application by
application number and be properly signed.
Use of the corrected Web-based ADS is recommended for registered users of EFS-Web because it will
pre-populate with information of record, applicants can then type in the desired changes, and the
system will create a PDF version with the appropriate strike-through and underlining. For more
information, see the “Quick Start Guide for Corrected Web-based Application Data Sheet (Corrected
Web ADS)” available at
https://www.uspto.gov/patents-application-process/applying-online/efs-
web-guidance-and-resources.
Applicants may also use Form PTO/AIA/14 which may be printed and marked up to comply with
37 CFR 1.76(c).
[Page 3 of 4]
Instructions for Petition to Accept an Unintentionally Delayed Claim under 35 U.S.C. 119(e)
for the Benefit of a Prior-Filed Provisional Application (37 CFR 1.78(c))
(Not to be Submitted to the USPTO)
b. For applications filed before September 16, 2012, the reference to the prior-filed
application may be made in a supplemental ADS in compliance with pre-AIA 37 CFR 1.76(c) or in an
amendment in the first sentence(s) of the specification following the title. See 37 CFR 1.78(h).
Note: For applications filed before September 16, 2012, any ADS submitted after the filing date of
the application is a supplemental ADS, regardless of whether an original ADS was submitted with the
application papers on filing. Supplemental ADS papers must be labeled Supplemental ADS or
Supplemental Application Data Sheet, include each of the seven section headings listed in pre-AIA 37
CFR 1.76(b) with all appropriate data for the section heading, and identify the information that is
being changed. See pre-AIA 37 CFR 1.76(c). A supplemental ADS must also identify the application by
application number and be properly signed. For more information regarding a supplemental ADS in
an application filed before September 16, 2012, see MPEP 601.05(b), subsection II.
2. Petition fee
The petition fee is set forth in 37 CFR 1.17(m) and must be included with the petition. Petitioner is
advised to refer to the current fee schedule at
https://www.uspto.gov/learning-and-resources/fees-
and-payment/uspto-fee-schedule.
3. Statement
37 CFR 1.78(c) requires a statement that the entire delay between the date the benefit claim was due
under 37 CFR 1.78(a)(4) and the date the benefit claim was filed was unintentional. The required
statement is included in this form.
Note: the Director may require additional information where there is a question whether the delay
was unintentional.
[Page 4 of 4]
Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
submission of the attached form related to a patent application or patent. Accordingly, pursuant to the
requirements of the Act, please be advised that: (1) the general authority for the collection of this information is
35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which
the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission
related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and
Trademark Office may not be able to process and/or examine your submission, which may result in termination
of proceedings or abandonment of the application or expiration of the patent.
The information provided by you in this form will be subject to the following routine uses:
1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records
may be disclosed to the Department of Justice to determine whether disclosure of these records is
required by the Freedom of Information Act.
2. A record from this system of records may be disclosed, as a routine use, in the course of presenting
evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in
the course of settlement negotiations.
3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress
submitting a request involving an individual, to whom the record pertains, when the individual has
requested assistance from the Member with respect to the subject matter of the record.
4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency
having need for the information in order to perform a contract. Recipients of information shall be required
to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
5. A record related to an International Application filed under the Patent Cooperation Treaty in this system
of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual
Property Organization, pursuant to the Patent Cooperation Treaty.
6. A record in this system of records may be disclosed, as a routine use, to another federal agency for
purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act
(42 U.S.C. 218(c)).
7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General
Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency’s
responsibility to recommend improvements in records management practices and programs, under
authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA
regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or
Commerce) directive. Such disclosure shall not be used to make determinations about individuals.
8. A record from this system of records may be disclosed, as a routine use, to the public after either
publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C.
151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to
the public if the record was filed in an application which became abandoned or in which the proceedings
were terminated and which application is referenced by either a published application, an application
open to public inspection or an issued patent.
9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or
regulation.
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PETITION TO ACCEPT AN UNINTENTIONALLY DELAYED CLAIM UNDER (USPTO)

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Completed 17 July 2021

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