Can a divisional application claim benefit to a parent application’s filing date?

Yes, a divisional application can claim the benefit of its parent application’s filing date. According to MPEP 201.06(c):

“A divisional application is entitled to the benefit of the filing date of the prior-filed application if the prior-filed application discloses the invention claimed in the divisional application in the manner provided by the first paragraph of 35 U.S.C. 112.”

This means that as long as the invention claimed in the divisional application was adequately described in the parent application, it can claim the parent’s filing date. This is crucial for establishing priority and avoiding potential prior art issues.

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