What are the conditions for claiming priority or benefit of a prior-filed application?

A later-filed application for patent in the United States may claim the benefit of, or priority to, a prior application under certain conditions. These conditions are outlined in various U.S. statutes and regulations:

• For domestic benefit claims: 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c); see also 37 CFR 1.78
• For foreign priority claims: 35 U.S.C. 119(a)-(d) and (f), 365(a) and (b), and 386(a) and (b); see also 37 CFR 1.55

The specific requirements and time frames may vary based on the filing date of the later-filed nonprovisional application and the type of priority or benefit claim being made.

For more information on domestic benefit, visit: domestic benefit.

For more information on foreign priority, visit: foreign priority.

For more information on prior-filed application, visit: prior-filed application.