What does copendency mean in patent applications?

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.

Copendency refers to the requirement that two related patent applications must be pending at the same time for one to claim the benefit of the earlier filing date of the other. The MPEP states:

Copendency between the current application and the prior application is required.

This means that the later application must be filed before the earlier application is either abandoned or issued as a patent. Copendency is crucial for maintaining a continuous chain of priority between related applications.

For more information on copendency, visit: copendency.

For more information on patent applications, visit: patent applications.