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

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claiming Benefit of Prior Applications MPEP 211 Permitted Amendment Required for Earlier Filing Date Benefit MPEP 211 Required Claiming Benefit of Prior Filed Provisional Application MPEP 211 Permitted Claiming Benefit of AIA Effective Date MPEP 211 Required Claiming Benefit of Common Ownership for Patentably Indistinct Claims During Reexamination MPEP 211 Procedural Requirements for Filing Date Claim Under 35 U.S.C. 120, 119(e), etc. MPEP 211 Required Requirement for Prior Application to Have Filing Date MPEP 211 Required Examiner Must Use Actual Filing Date for Rejection MPEP 211 Required Benefit Under 35 U.S.C. 386(c) for Design Applications Filed on or After May 13, 2015 MPEP 211 Requirement for No Later Filing Date Claim MPEP 211 Other Related FAQs 5 FAQs Collapse What is a divisional application in patent law? What is the signif...