What are the requirements for claiming domestic benefit in a patent application?
What are the requirements for claiming domestic benefit in a patent application?
Claiming domestic benefit in a patent application allows an applicant to rely on the filing date of an earlier-filed US application. The MPEP 216 outlines the requirements for claiming domestic benefit, which are based on 35 U.S.C. 120. The key requirements include:
- The later-filed application must be filed before the patenting or abandonment of the prior application
- The later-filed application must contain or be amended to contain a specific reference to the prior application
- The prior application must disclose the invention claimed in the later-filed application in the manner required by 35 U.S.C. 112(a)
- At least one inventor named in the later-filed application must have been named as an inventor in the prior application
The MPEP states:
‘To be entitled to the benefit of the filing date of an earlier-filed application, the later-filed application must be an application for a patent for an invention which is also disclosed in the prior application.’
It’s important to note that these requirements must be met for each application in the chain of priority, ensuring a continuous line of co-pendency and proper disclosure.
For more information on continuation application, visit: continuation application.
For more information on domestic benefit, visit: domestic benefit.