What are the requirements for claiming benefit of multiple prior-filed applications?

What are the requirements for claiming benefit of multiple prior-filed applications?

When claiming benefit of multiple prior-filed applications, specific requirements must be met. According to MPEP 211.01(b):

If a nonprovisional application claims the benefit of multiple prior-filed applications, the prior-filed applications need not be copending with each other provided that each prior-filed application is copending with the claiming application.

Key requirements include:

  • Each prior-filed application must be copending with the claiming application
  • The relationship between each prior-filed application and the claiming application must be specified
  • The benefit claim must be made within the time period set forth in 37 CFR 1.78

Additionally, the MPEP states:

There is no limit to the number of prior applications through which a chain of copendency may be traced to obtain the benefit of the filing date of the earliest of a chain of prior copending applications.

This means you can claim benefit through a chain of applications, as long as each link in the chain meets the copendency requirement with the subsequent application.

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: Benefit Claim, copendency, Multiple Prior Filed Applications