What are the requirements for a later-filed application to claim the benefit of an earlier filing date under 35 U.S.C. 120 and 119(e)?

To claim the benefit of an earlier filing date under 35 U.S.C. 120 and 119(e), a later-filed application must meet several requirements:

  • The prior-filed application must name the inventor or at least one joint inventor named in the later-filed application and must be entitled to a filing date
  • The prior-filed application must meet disclosure requirements under 35 U.S.C. 112(a) to support the claims in the later-filed application, except for the best mode requirement
  • The later-filed application must contain a specific reference to the prior-filed application
  • The reference to the prior application must be submitted within the time periods set forth in 37 CFR 1.78
Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, MPEP 211 - Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e), Patent Law, Patent Procedure
Tags: 35 USC 119, 35 USC 120, benefit claims, disclosure requirements, earlier filing date, joint inventors, prior-filed application, specific reference