How is the effective filing date determined for a continuation or divisional application?

For continuation or divisional applications, the effective filing date is determined as follows:

“If the application is a continuation or divisional of one or more earlier U.S. applications or international applications and if the requirements of 35 U.S.C. 120 or 365(c) have been satisfied, the effective filing date of the claimed invention is the same as the earliest filing date in the line of continuation or divisional applications.” (MPEP 2139.01)

This means that if the continuation or divisional application meets the statutory requirements, it can benefit from the earlier filing date of its parent application(s).

To learn more:

• continuation application
• divisional application
• effective filing date
• 35 U.S.C. 120
• 35 U.S.C. 365(c)