How does the USPTO determine if a claim in a later-filed application is entitled to the benefit of an earlier filing date?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. The USPTO determines if a claim in a later-filed application is entitled to the benefit of an earlier filing date by evaluating whether: The subject matter of the claim is disclosed in the earlier-filed application. The disclosure in the earlier-filed application complies with the requirements of 35 U.S.C. 112(a) , except for the best mode requirement. The disclosure enables one skilled in the art to make and use the claimed invention without undue experimentation. As stated in MPEP 211.05 : “A claim in the later-filed application is not entitled to the benefit of the filing date of the prior-filed application if the disclosure of the prior-filed application does not enable one skilled in the art to ‘use’ the claimed invention.” If the earlier application fails to provide adequate support or enablement for a claim in the later-filed application, that claim will not be entitled to the earlier filing date. This assessment is made on a claim-by-claim basis, and different claims within the same application may have different effective filing dates. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Entitled to Earlier Filing Date MPEP 211.05 Claim Not Entitled to Prior Filing Date in Continuation-in-Part MPEP 211.05 Support and Enablement for Later-Filed Application Required MPEP 211.05 Required Written Description Requirement for Prior-Filed Applications MPEP 211.05 Provisional Application Must Be Entitled to Filing Date and Fee Paid MPEP 211 Required List Claims Not Entitled to Prior Filing Date MPEP 211.05 Recommended Amendment Required for Earlier Filing Date Benefit MPEP 211 Required Claims of CIP Must Be Disclosed in Prior Application MPEP 211.05 Earlier Ap...