How does the MPEP define “benefit” in the context of priority claims?
According to MPEP 2304.02(c), “benefit” in the context of priority claims refers to the benefit of an earlier filing date. The MPEP states:
“The party seeking benefit may be required to provide a chart showing the written description for each claim in dispute, and/or an explanation of additional evidence showing possession of the claimed invention.”
This means that when claiming priority, an applicant must demonstrate that the earlier application provides sufficient written description support for the claims in the later application.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.02(C) - Explaining Priority,
Patent Law,
Patent Procedure