What is required for a later-filed application to be entitled to the benefit of an earlier-filed application’s filing date?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

For a later-filed application to be entitled to the benefit of an earlier-filed application’s filing date, the following requirements must be met:

• The invention disclosed in the later-filed application must also be disclosed in the earlier-filed application.
• The disclosure in both applications must be sufficient to comply with the requirements of 35 U.S.C. 112(a), except for the best mode requirement.

As stated in MPEP 211.05:

“To be entitled to the benefit of the filing date of an earlier-filed application, the later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or earlier-filed nonprovisional application or provisional application for which benefit is claimed); the disclosure of the invention in the prior application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) except for the best mode requirement.”

This means that the earlier-filed application must provide adequate support and enablement for the claimed subject matter in the later-filed application.