What are the requirements for claiming the benefit of a prior application’s filing date?
To claim the benefit of a prior application’s filing date, applicants must meet specific requirements. The MPEP ¶ 2.05 advises:
“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.”
Key requirements include:
- The application must be filed before the patenting or abandonment of the prior application.
- The application must contain a specific reference to the prior application.
- The application must have at least one common inventor with the prior application.
- The application must disclose the invention claimed in the manner provided by 35 U.S.C. 112(a).
For more information on patent law, visit: patent law.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure