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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.