How does the copendency requirement affect claiming benefit of a prior application?

How does the copendency requirement affect claiming benefit of a prior application?

The copendency requirement is a critical factor in claiming the benefit of a prior application. MPEP 211.01(b) states: To be entitled to the benefit of the filing date of an earlier-filed application, the later-filed application must be copending with the earlier application.

Copendency means:

• The later application must be filed before the patenting or abandonment of the prior application.
• There must be no gap in pendency between the applications in the chain.

If copendency is not maintained, the benefit claim to the earlier application will be lost. This can significantly impact the effective filing date of the later application, potentially affecting its patentability.

For detailed information on copendency, refer to MPEP 211.01(b) and 35 U.S.C. 120.