Petition To Accept An Unintentionally Delayed Claim Under 35 USC 119(a)-(d) {PTO-SB-458}

PTO/SB/458 - PETITION TO ACCEPT AN UNINTENTIONALLY DELAYED CLAIM UNDER 35 U.S.C. 119(a)-(d) OR (f), 365(a) OR (b), OR 386(a) OR (b) FOR THE RIGHT OF PRIORITY TO A PRIOR-FILED FOREIGN APPLICATION (37 CFR 1.55(e)), APPLICANT HEREBY PETITIONS FOR ACCEPTANCE OF AN UNINTENTIONALLY DELAYED PRIORITY CLAIM UNDER 37 CFR 1.55(e). NOTE: A nonprovisional application must be filed within 12 months (six months in the case of a design application) of the filing date of the foreign application, or be entitled to claim the benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) of an application that was filed within twelve months (six months in the case of a design application) of the filing date of the foreign application, except as provided in 37 CFR 1.55(c). NOTE: A grantable petition requires the following items: (1) the priority claim in an application data sheet identifying the foreign application to which priority is claimed by the application number, country (or intellectual property authority), and the filing date, unless previously submitted; (2) a certified copy of the foreign application, unless previously submitted or an exception in paragraph (h), (i), or (j) of 37 CFR 1.55 applies; (3) the petition fee set forth in 37 CFR 1.17(m); and (4) a statement that the entire delay between the date the priority claim was due under 37 CFR 1.55(d) 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. www.FormsWorkflow.com