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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.