What happens if a nonprovisional application claims benefit of multiple provisional applications?
What happens if a nonprovisional application claims benefit of multiple provisional applications?
When a nonprovisional application claims the benefit of multiple provisional applications, each provisional application must satisfy the requirements of 35 U.S.C. 119(e) and the first paragraph of 35 U.S.C. 112 for the subject matter claimed in the nonprovisional application.
As stated in MPEP 211.01(a):
“If a claim in the nonprovisional application is not adequately supported by any of the prior provisional applications, that claim is not entitled to the benefit of the filing date of the provisional applications not providing adequate support.”
This means that different claims in the nonprovisional application may have different effective filing dates, depending on which provisional application(s) provide adequate support for each claim.
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