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

To claim the benefit of a prior-filed application in a continuation or continuation-in-part application, several requirements must be met:

1. The application must be filed before the patenting, abandonment, or termination of proceedings on the prior application.

2. The application must contain or be amended to contain a specific reference to the prior application. For applications filed on or after September 16, 2012, this reference must be in an application data sheet.

3. The application must have at least one common inventor with the prior application.

4. The application must comply with the requirements of 35 U.S.C. 120 and 37 CFR 1.78.

As stated in the MPEP: “An applicant in a nonprovisional application (including a nonprovisional application resulting from an international application or international design application), an international application designating the United States, or an international design application designating the United States may claim the benefit of one or more prior-filed copending nonprovisional applications, international applications designating the United States, or international design applications designating the United States under the conditions set forth in 35 U.S.C. 120, 121, 365(c), or 386(c) and this section.”