How do I properly claim the benefit of a prior application?

To properly claim the benefit of a prior application, you must include a specific reference to the prior application. For applications filed on or after September 16, 2012, this reference must be included in an application data sheet (ADS). For applications filed before September 16, 2012, the reference must be in an ADS and/or in the first sentence(s) of the specification following the title.

The MPEP 211.02 states: Both 35 U.S.C. 119(e) and 120 include the requirement that the later-filed application must contain a specific reference to the prior application.

For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), the reference must include the relationship (i.e., continuation, divisional, or continuation-in-part) of the applications.

For more information on ADS, visit: ADS.

For more information on divisional, visit: divisional.

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