How does an applicant claim the benefit of a prior application’s filing date for a divisional application?

To claim the benefit of a prior application’s filing date for a divisional application, applicants must follow specific procedures outlined in patent law and regulations. The MPEP ¶ 2.01 states:

Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq.

This means applicants should:

• Ensure compliance with 35 U.S.C. 120 requirements for continuity and disclosure
• Follow the procedures outlined in 37 CFR 1.78 for claiming benefit
• Consult MPEP § 211 for detailed guidance on benefit claims

It’s crucial to properly establish the benefit claim to secure the earlier filing date for the divisional application.

For more information on Divisional application, visit: Divisional application.