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.
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.