Can a continuation application claim the benefit of multiple parent applications?

Yes, a continuation application can claim the benefit of multiple parent applications, provided certain conditions are met. According to MPEP 201.07:

‘A continuation application may be filed under 35 U.S.C. 111(a) or 111(b) or 365(c) or filed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 37 CFR 1.53(b) or 1.53(d) as a continuation of prior applications, claiming the benefit of those applications under 35 U.S.C. 120, 121, 365(c), or 386(c).’

This means that a continuation application can claim the benefit of:

  • Multiple earlier-filed nonprovisional applications
  • Earlier-filed provisional applications
  • Earlier-filed international applications designating the United States

However, it’s important to note that the continuation must satisfy the requirements for claiming benefit, including proper copendency and cross-referencing of the prior applications.

For more information on continuation application, visit: continuation application.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: continuation application