How can an inventor claim the benefit of a prior application’s filing date in a CIP?
To claim the benefit of a prior application’s filing date in a continuation-in-part (CIP) application, inventors must follow specific procedures. As noted in MPEP ¶ 2.06:
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 involves properly referencing the prior application in the CIP application and ensuring that the CIP is filed before the patenting, abandonment, or termination of proceedings on the prior application. It’s crucial to follow the guidelines in MPEP § 211 for claiming domestic benefit.
For more information on domestic benefit, visit: domestic benefit.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure