How does the USPTO handle rejections when an applicant claims benefit to a prior application?
How does the USPTO handle rejections when an applicant claims benefit to a prior application?
When an applicant claims benefit to a prior application, the USPTO has specific procedures for handling rejections. According to MPEP 715.01(a):
“If the applicant is claiming the benefit of a prior application under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c), the examiner should consider the applicant’s claim to priority when determining the effective filing date of the application for use in a rejection.”
This means that the examiner must take into account the priority claim when assessing the effective filing date of the application. If the applicant successfully claims priority, the effective filing date may be earlier than the actual filing date of the current application, potentially overcoming certain rejections.
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