What are the requirements for benefit claims under different U.S. Code sections?

Benefit claims can be made under various sections of the U.S. Code, each with specific requirements:

• 35 U.S.C. 119(e): For provisional application benefits, refer to 37 CFR 1.78(a).
• 35 U.S.C. 120: For benefit claims to earlier nonprovisional applications, including the relationship (continuation, divisional, or continuation-in-part).
• 35 U.S.C. 121: For divisional applications.
• 35 U.S.C. 365(c): For national stage applications claiming benefit to PCT applications.
• 35 U.S.C. 386(c): For national stage applications claiming benefit to international design applications.

The MPEP states: “For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), the reference must include the relationship (i.e., continuation, divisional, or continuation-in-part) of the applications.”

It’s important to note that the specific requirements and time limits may vary depending on the type of benefit claim. Always refer to the latest version of the MPEP and the relevant U.S. Code sections for the most up-to-date information.

For more information on 35 U.S.C. 119(e), visit: 35 U.S.C. 119(e).

For more information on 35 U.S.C. 120, visit: 35 U.S.C. 120.

For more information on 35 U.S.C. 365(c), visit: 35 U.S.C. 365(c).

For more information on 35 U.S.C. 386(c), visit: 35 U.S.C. 386(c).