What are the requirements for claiming benefit of multiple prior-filed applications?

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.

When claiming benefit of multiple prior-filed applications, specific requirements must be met. According to MPEP 211.01(b):

If a nonprovisional application claims the benefit of multiple prior-filed applications, the prior-filed applications need not be copending with each other provided that each prior-filed application is copending with the claiming application.

Key requirements include:

• Each prior-filed application must be copending with the claiming application
• The relationship between each prior-filed application and the claiming application must be specified
• The benefit claim must be made within the time period set forth in 37 CFR 1.78

Additionally, the MPEP states:

There is no limit to the number of prior applications through which a chain of copendency may be traced to obtain the benefit of the filing date of the earliest of a chain of prior copending applications.

This means you can claim benefit through a chain of applications, as long as each link in the chain meets the copendency requirement with the subsequent application.