How do I claim the benefit of a prior-filed application?

To claim the benefit of a prior-filed application, you must include a specific reference to the prior-filed application in your current application. The method of including this reference depends on when your application was filed:

• For applications filed before September 16, 2012: Include the reference in the first sentence(s) of the specification following the title or in an application data sheet (ADS) compliant with pre-AIA 37 CFR 1.76.
• For applications filed on or after September 16, 2012: Include the reference in an ADS compliant with 37 CFR 1.76.

The MPEP states: If applicant desires to claim the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c), the instant application must contain, or be amended to contain, a specific reference to the prior-filed application in compliance with 37 CFR 1.78. (MPEP § 211)

For more information on ADS, visit: ADS.

For more information on prior-filed application, visit: prior-filed application.

For more information on specific reference, visit: specific reference.