How does the MPEP define “benefit” in the context of priority claims?

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.

According to MPEP 2304.02(c), “benefit” in the context of priority claims refers to the benefit of an earlier filing date. The MPEP states:

“The party seeking benefit may be required to provide a chart showing the written description for each claim in dispute, and/or an explanation of additional evidence showing possession of the claimed invention.”

This means that when claiming priority, an applicant must demonstrate that the earlier application provides sufficient written description support for the claims in the later application.