How should a benefit claim be properly submitted in a patent application?
The proper submission of a benefit claim depends on the filing date of the application:
- For applications filed on or after September 16, 2012: The benefit claim must be included in an Application Data Sheet (ADS) in compliance with 37 CFR 1.76.
- For applications filed before September 16, 2012: The benefit claim can be submitted either by an amendment to the first sentence(s) of the specification or in an ADS in compliance with pre-AIA 37 CFR 1.76.
The MPEP states: Applicant must still submit the benefit claim in the manner specified in 37 CFR 1.78 (i.e., in an ADS in compliance with 37 CFR 1.76 (or for applications filed prior to September 16, 2012 by an amendment to the first sentence(s) of the specification or in an ADS in compliance with pre-AIA 37 CFR 1.76) to have a proper claim under 35 U.S.C. 120 or 119(e) and 37 CFR 1.78 to the benefit of a prior application.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure