How do you claim the benefit of a prior application in a continuation?

Claiming the benefit of a prior application in a continuation is a crucial step that must be done correctly. The MPEP 201.07 provides specific guidance:

If the later-filed application is a nonprovisional application, the reference required by this paragraph must be included in an application data sheet (§1.76(b)(5)). The reference also must identify the relationship of the applications, namely, whether the later-filed application is a continuation, divisional, or continuation-in-part of the prior-filed nonprovisional application, international application, or international design application.

To properly claim the benefit:

1. Include a reference to the prior application in the Application Data Sheet (ADS)
2. Specify the application number, filing date, and relationship (continuation) of the applications
3. Ensure the claim is made within the time period set in 37 CFR 1.78
4. Pay any required fees

Failure to properly claim benefit can result in loss of the earlier filing date, so it’s crucial to follow these steps carefully.

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