How can I use a benefit claim to overcome a 35 U.S.C. 102 rejection?

To overcome a 35 U.S.C. 102 rejection using a benefit claim, you can:

1. Submit a benefit claim under 35 U.S.C. 120 within the time period set in 37 CFR 1.78
2. Submit a benefit claim under 35 U.S.C. 119(e) for a provisional application

According to MPEP 2152.06: “Submitting a benefit claim under 35 U.S.C. 120 within the time period set in 37 CFR 1.78 by providing the required reference to a prior application in a corrected application data sheet under 37 CFR 1.76 and by establishing that the prior application satisfies the enablement and written description requirements of 35 U.S.C. 112(a).”

The process is similar for provisional applications, with the key difference being the reference to 35 U.S.C. 119(e) instead of 120.

To learn more:

• benefit claim
• 35 U.S.C. 120
• 35 U.S.C. 119(e)
• provisional application
• prior art rejection