How does copendency affect benefit claims between applications?

Copendency is a crucial requirement for claiming benefit between nonprovisional applications. The later-filed application must be filed before:

• The patenting of the prior application
• The abandonment of the prior application
• The termination of proceedings in the prior application

As stated in MPEP 211.01(b): When a later-filed application is claiming the benefit of a prior-filed nonprovisional application under 35 U.S.C. 120, 121, 365(c), or 386(c), the later-filed application must be copending with the prior application or with an intermediate nonprovisional application similarly entitled to the benefit of the filing date of the prior application.

If copendency is not maintained, the benefit claim is improper and the later-filed application cannot claim the earlier filing date of the prior application.

To learn more:

• copendency
• benefit claims
• continuation applications
• patent applications