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 divisional application can claim the benefit of the filing date of the prior application. The MPEP ¶ 2.01 states:
Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq.
To claim this benefit, the applicant must meet the requirements set forth in 35 U.S.C. 120 and 37 CFR 1.78, which include making a proper benefit claim and ensuring the divisional application is filed before the patenting or abandonment of the prior application.
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