How can an applicant claim benefit to multiple prior applications?

When claiming benefit to multiple prior applications, applicants must carefully establish a chain of copendency. The MPEP 211.01(b) provides guidance:

“The reference to the prior applications must identify all of the prior applications and indicate the relationship (i.e., continuation, divisional, or continuation-in-part) between each nonprovisional application in order to establish copendency throughout the entire chain of prior applications.”

Key points to remember:

• References must be made in each intermediate application in the chain.
• A specific reference is required for each prior-filed application and cannot be incorporated by reference from a prior application.
• There is no limit to the number of prior applications through which a chain of copendency may be traced.

It’s crucial to properly reference all prior applications to ensure the desired benefit claims are recognized. Failure to do so may result in the need for a petition under 37 CFR 1.78 and payment of a petition fee.

To learn more:

• benefit claims
• multiple prior applications
• chain of copendency
• reference to prior applications