How do I claim the benefit of a prior-filed application?

To claim the benefit of a prior-filed application, you must include a specific reference to the prior-filed application in your current application. The method of including this reference depends on when your application was filed: For applications filed before September 16, 2012: Include the reference in the first sentence(s) of the specification following the title…

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What is the purpose of MPEP ¶ 2.15?

MPEP ¶ 2.15 provides guidance on how to properly claim the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c). It outlines the requirements for including a specific reference to the prior-filed application and the timeframes within which this reference must be submitted. The paragraph states: If applicant desires to…

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How has the requirement for specific reference to prior applications changed?

The requirement for specific reference to prior applications has undergone changes due to recent legislation: For applications filed before September 16, 2012: The specific reference to the prior application must be in the first sentence(s) of the specification or in an application data sheet. For applications filed on or after September 16, 2012: The specific…

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What time periods apply for submitting a specific reference to a prior-filed application to claim benefit under 35 U.S.C. 120 or 119(e)?

The reference to the prior-filed application to claim benefit under 35 U.S.C. 120 or 119(e) must be submitted within the following time periods under 37 CFR 1.78: For an application filed under 35 U.S.C. 111(a), the later of four months from the filing date or sixteen months from the filing date of the prior-filed application…

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What are the requirements for a later-filed application to claim the benefit of an earlier filing date under 35 U.S.C. 120 and 119(e)?

To claim the benefit of an earlier filing date under 35 U.S.C. 120 and 119(e), a later-filed application must meet several requirements: The prior-filed application must name the inventor or at least one joint inventor named in the later-filed application and must be entitled to a filing date The prior-filed application must meet disclosure requirements…

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