Form PTO / SB / 445 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))

What Is Form PTO/SB/445?

This is a legal form that was released by the U.S. Department of Commerce - Patent and Trademark Office on May 1, 2018 and used country-wide. As of today, no separate filing guidelines for the form are provided by the issuing department.

FAQ

Q: What is PTO/SB/445?
A: PTO/SB/445 is a form used to petition for the acceptance of an unintentionally delayed claim under 35 U.S.C. 119(e) for the benefit of a prior-filed provisional application.

Q: What does 35 U.S.C. 119(e) mean?
A: 35 U.S.C. 119(e) refers to a section of the U.S. Patent Law that allows the filing of a later non-provisional patent application claiming the benefit of an earlier-filed provisional application.

Q: What is a prior-filed provisional application?
A: A prior-filed provisional application is an earlier patent application that provides a filing date and establishes the priority of the invention.

Q: What does 37 CFR 1.78(c) mean?
A: 37 CFR 1.78(c) refers to a section of the Code of Federal Regulations that relates to the submission of a petition for an unintentionally delayed claim.

Q: When should PTO/SB/445 be used?
A: PTO/SB/445 should be used when you need to petition for the acceptance of an unintentionally delayed claim under 35 U.S.C. 119(e) for the benefit of a prior-filed provisional application.

Q: What is the purpose of PTO/SB/445?
A: The purpose of PTO/SB/445 is to request the acceptance of a claim that was unintentionally delayed in a non-provisional patent application.

Q: What should be included in PTO/SB/445?
A: PTO/SB/445 should include the necessary information and supporting documentation to demonstrate that the claim was unintentionally delayed.