Where should the benefit claim reference be included in a patent application?

The location of the benefit claim reference depends on the filing date of the application:

• For applications filed before September 16, 2012: The reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS).
• For applications filed on or after September 16, 2012: The specific reference must be included in an application data sheet (ADS).

The MPEP states: “If the application was filed before September 16, 2012, the reference must be included in the first sentence(s) of the specification following the title or in an application data sheet; if the application was filed on or after September 16, 2012, the specific reference must be included in an application data sheet.”

It’s important to note that for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), the reference must also include the relationship (i.e., continuation, divisional, or continuation-in-part) of the applications.

For more information on application data sheet, visit: application data sheet.

For more information on divisional, visit: divisional.