How do I properly reference a prior application in a patent application?

For applications filed on or after September 16, 2012, the specific reference to the prior application must be included in an application data sheet (ADS) in compliance with 37 CFR 1.76. For applications filed before September 16, 2012, the reference should be in an ADS and/or in the first sentence(s) of the specification following the title.

The reference must include:

• The prior application number
• The filing date
• The relationship between the applications (continuation, divisional, or continuation-in-part) for nonprovisional applications

For example: “This application is a continuation of Application No. 12/345,678, filed January 1, 2010.”

For provisional applications, only the application number and filing date are required. The relationship should not be specified.

To learn more:

• prior application reference
• application data sheet
• priority claim
• benefit claim
• patent application