Can I file a priority claim in a continuing application?

Can I file a priority claim in a continuing application?

Yes, you can file a priority claim in a continuing application, but there are specific requirements and deadlines to consider. According to MPEP 214.01, “In the case of a continuation or divisional application filed under 35 U.S.C. 111(a), the claim for priority must be made during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application.” This means that even in a continuing application, you must adhere to the time limits for filing the priority claim. It’s important to note that the priority claim must be made in each continuing application; a priority claim in a parent application does not automatically carry over to child applications.