What are the requirements for claiming benefit of a prior-filed application in a continuation-in-part?

To claim the benefit of a prior-filed application in a continuation-in-part (CIP), several requirements must be met as outlined in MPEP 201.08 and 35 U.S.C. 120:

• The CIP must be filed before the patenting, abandonment, or termination of proceedings on the prior application.
• The CIP must contain or be amended to contain a specific reference to the earlier filed application.
• For applications filed on or after September 16, 2012, the specific reference must be included in an application data sheet.
• The CIP must have at least one common inventor with the prior-filed application.

Additionally, the MPEP notes:

“The continuation-in-part application must claim the benefit of the prior-filed application under 35 U.S.C. 120, 121, 365(c), or 386(c).”

It’s important to note that the USPTO does not typically scrutinize whether the earlier application fully supports the CIP’s claims unless this becomes relevant in a proceeding before the Office.

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

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