How do I claim benefit of a prior application’s filing date in a CIP?

To claim the benefit of a prior application’s filing date in a continuation-in-part (CIP), you need to follow specific procedures. The MPEP ¶ 2.06 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.”

This means you must:

• Make a proper benefit claim under 35 U.S.C. 120
• Comply with the requirements outlined in 37 CFR 1.78
• Follow the guidance provided in MPEP § 211

It’s crucial to properly establish the benefit claim to secure the earlier filing date for the common subject matter.