Petition To Accept An Unintentionally Delayed Claim Under 35 USC 119(e) {PTO-SB-445}

PTO/SB/445 - PETITION TO ACCEPT AN UNINTENTIONALLY DELAYED CLAIM UNDER 35 U.S.C. 119(e) (37 CFR 1.78(c)) AND/OR TO ACCEPT AN UNINTENTIONALLY DELAYED CLAIM UNDER 35 U.S.C. 120, 121, 365(c), or 386(c) (37 CFR 1.78(e)) FOR THE BENEFIT OF A PRIOR-FILED APPLICATION, APPLICANT HEREBY PETITIONS FOR ACCEPTANCE OF AN UNINTENTIONALLY DELAYED BENEFIT CLAIM TO A PRIOR-FILED APPLICATION UNDER 37 CFR 1.78(c) AND/OR 37 CFR 1.78(e). NOTE: For a petition under 37 CFR 1.78(e), the above-identified application must have been filed during the pendency of the prior application or during the pendency of an intermediate application similarly entitled to the benefit of the filing date of the prior application. For a petition under 37 CFR 1.78(c), the above-identified application must have been filed within 12 months of the filing date of the provisional application or be entitled to claim the benefit under 35 U.S.C. 120, 121, or 365(c) of an application that was filed within 12 months of the filing date of the provisional application, except as provided in 37 CFR 1.78(b). 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 and/or the reference required by 35 U.S.C. 120 and 37 CFR 1.78(d)(2) to the prior-filed nonprovisional application, international application designating the United States, or international design application designating the United States, 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(d)(3) and/or 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. www.FormsWorkflow.com