Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 200 – Types and Status of Application; Benefit and Priority (2)
Claiming benefit under these statutes allows an application to receive the earlier filing date of a prior-filed application, which can be crucial for establishing priority and overcoming prior art. However, this claim also requires that the application does not contain new matter.
The MPEP ¶ 2.10.01 states:
“This form paragraph should be used when an application, which claims the benefit of a prior-filed application under 35 U.S.C. 120, 121, 365(c), or 386(c) contains new matter relative to the prior-filed application, and purports to be a ‘continuation,’ ‘division,’ or ‘divisional application’ of the prior-filed application.”
If new matter is found, the applicant may need to change the application type or remove the benefit claim to maintain the new subject matter.
For more information on 35 U.S.C. 120, visit: 35 U.S.C. 120.
For more information on 35 U.S.C. 365(c), visit: 35 U.S.C. 365(c).
For more information on 35 U.S.C. 386(c), visit: 35 U.S.C. 386(c).
For more information on new matter, visit: new matter.
Can a continuation-in-part (CIP) application claim benefit to multiple prior applications?
Yes, a continuation-in-part (CIP) application can claim benefit to multiple prior applications, provided certain conditions are met. The MPEP states:
“An applicant may claim the benefit of the filing date of one or more prior applications under 35 U.S.C. 120, 121, 365(c), or 386(c) in a later-filed application … if the later-filed application is filed before the patenting or abandonment of or termination of proceedings on the prior application.”
However, it’s important to note that for a CIP application:
- New matter in the CIP will only get the benefit of the CIP’s filing date.
- Matter disclosed in the prior application(s) can claim the earlier filing date(s).
- Each claim in the CIP is evaluated separately to determine which filing date it is entitled to.
For more details, see MPEP 211.01 and MPEP 201.08.
To learn more:
- continuation-in-part
- CIP
- multiple prior applications
- 35 U.S.C. 120
- 35 U.S.C. 121
- 35 U.S.C. 365(c)
- 35 U.S.C. 386(c)
To learn more:
MPEP 211 – Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e) (1)
Claiming benefit under these statutes allows an application to receive the earlier filing date of a prior-filed application, which can be crucial for establishing priority and overcoming prior art. However, this claim also requires that the application does not contain new matter.
The MPEP ¶ 2.10.01 states:
“This form paragraph should be used when an application, which claims the benefit of a prior-filed application under 35 U.S.C. 120, 121, 365(c), or 386(c) contains new matter relative to the prior-filed application, and purports to be a ‘continuation,’ ‘division,’ or ‘divisional application’ of the prior-filed application.”
If new matter is found, the applicant may need to change the application type or remove the benefit claim to maintain the new subject matter.
For more information on 35 U.S.C. 120, visit: 35 U.S.C. 120.
For more information on 35 U.S.C. 365(c), visit: 35 U.S.C. 365(c).
For more information on 35 U.S.C. 386(c), visit: 35 U.S.C. 386(c).
For more information on new matter, visit: new matter.
Patent Law (2)
Claiming benefit under these statutes allows an application to receive the earlier filing date of a prior-filed application, which can be crucial for establishing priority and overcoming prior art. However, this claim also requires that the application does not contain new matter.
The MPEP ¶ 2.10.01 states:
“This form paragraph should be used when an application, which claims the benefit of a prior-filed application under 35 U.S.C. 120, 121, 365(c), or 386(c) contains new matter relative to the prior-filed application, and purports to be a ‘continuation,’ ‘division,’ or ‘divisional application’ of the prior-filed application.”
If new matter is found, the applicant may need to change the application type or remove the benefit claim to maintain the new subject matter.
For more information on 35 U.S.C. 120, visit: 35 U.S.C. 120.
For more information on 35 U.S.C. 365(c), visit: 35 U.S.C. 365(c).
For more information on 35 U.S.C. 386(c), visit: 35 U.S.C. 386(c).
For more information on new matter, visit: new matter.
Can a continuation-in-part (CIP) application claim benefit to multiple prior applications?
Yes, a continuation-in-part (CIP) application can claim benefit to multiple prior applications, provided certain conditions are met. The MPEP states:
“An applicant may claim the benefit of the filing date of one or more prior applications under 35 U.S.C. 120, 121, 365(c), or 386(c) in a later-filed application … if the later-filed application is filed before the patenting or abandonment of or termination of proceedings on the prior application.”
However, it’s important to note that for a CIP application:
- New matter in the CIP will only get the benefit of the CIP’s filing date.
- Matter disclosed in the prior application(s) can claim the earlier filing date(s).
- Each claim in the CIP is evaluated separately to determine which filing date it is entitled to.
For more details, see MPEP 211.01 and MPEP 201.08.
To learn more:
- continuation-in-part
- CIP
- multiple prior applications
- 35 U.S.C. 120
- 35 U.S.C. 121
- 35 U.S.C. 365(c)
- 35 U.S.C. 386(c)
To learn more:
Patent Procedure (2)
Claiming benefit under these statutes allows an application to receive the earlier filing date of a prior-filed application, which can be crucial for establishing priority and overcoming prior art. However, this claim also requires that the application does not contain new matter.
The MPEP ¶ 2.10.01 states:
“This form paragraph should be used when an application, which claims the benefit of a prior-filed application under 35 U.S.C. 120, 121, 365(c), or 386(c) contains new matter relative to the prior-filed application, and purports to be a ‘continuation,’ ‘division,’ or ‘divisional application’ of the prior-filed application.”
If new matter is found, the applicant may need to change the application type or remove the benefit claim to maintain the new subject matter.
For more information on 35 U.S.C. 120, visit: 35 U.S.C. 120.
For more information on 35 U.S.C. 365(c), visit: 35 U.S.C. 365(c).
For more information on 35 U.S.C. 386(c), visit: 35 U.S.C. 386(c).
For more information on new matter, visit: new matter.
Can a continuation-in-part (CIP) application claim benefit to multiple prior applications?
Yes, a continuation-in-part (CIP) application can claim benefit to multiple prior applications, provided certain conditions are met. The MPEP states:
“An applicant may claim the benefit of the filing date of one or more prior applications under 35 U.S.C. 120, 121, 365(c), or 386(c) in a later-filed application … if the later-filed application is filed before the patenting or abandonment of or termination of proceedings on the prior application.”
However, it’s important to note that for a CIP application:
- New matter in the CIP will only get the benefit of the CIP’s filing date.
- Matter disclosed in the prior application(s) can claim the earlier filing date(s).
- Each claim in the CIP is evaluated separately to determine which filing date it is entitled to.
For more details, see MPEP 211.01 and MPEP 201.08.
To learn more:
- continuation-in-part
- CIP
- multiple prior applications
- 35 U.S.C. 120
- 35 U.S.C. 121
- 35 U.S.C. 365(c)
- 35 U.S.C. 386(c)
To learn more: