What are the requirements for claiming priority to or benefit of a prior-filed application?

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.

To claim priority to or benefit of a prior-filed application, the later-filed application must:

• Contain a specific reference to the earlier-filed application
• Be filed within the required time period
• Include the priority or benefit claim in the application data sheet (for applications filed on or after September 16, 2012)

The MPEP states: “Whether an application was filed before, on, or after March 16, 2013, statutory provisions require that for a later-filed application to be entitled to the benefit of an earlier-filed national application, the later-filed application must contain a specific reference to the earlier-filed application.” (MPEP 210)