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.
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