What are the requirements for a U.S. patent document to claim priority or benefit under AIA 35 U.S.C. 102(d)?

For a U.S. patent document to be “entitled to claim” priority or benefit of a prior-filed application under AIA 35 U.S.C. 102(d), it must meet three ministerial requirements:

1. Contain a priority or benefit claim to the prior-filed application
2. Be filed within the applicable filing period requirement
3. Have a common inventor or be by the same applicant

The MPEP states: “A U.S. patent document “is entitled to claim” priority to, or the benefit of, a prior-filed application if it fulfills the ministerial requirements of: (1) containing a priority or benefit claim to the prior-filed application; (2) being filed within the applicable filing period requirement (copending with or within twelve months of the earlier filing, as applicable); and (3) having a common inventor or being by the same applicant.” It’s important to note that these requirements are distinct from actually being entitled to priority or benefit, which is not at issue when determining the effective filing date for prior art purposes under AIA 35 U.S.C. 102(d).

To learn more:

• AIA
• priority claim
• benefit claim
• effective filing date
• prior art