What action is required if a benefit claim is improper due to lack of copendency?

If a benefit claim is improper due to lack of copendency, the MPEP ¶ 2.11 outlines the required action:

Applicant is required to delete the claim to the benefit of the prior-filed application, unless applicant can establish copendency between the applications.

This means the applicant has two options:

1. Delete the benefit claim to the prior-filed application, or
2. Provide evidence to establish that copendency actually exists between the applications.

If the applicant cannot prove copendency, they must remove the benefit claim to avoid potential issues with the application’s validity or examination process.

For more information on copendency, visit: copendency.

For more information on patent procedure, visit: patent procedure.