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

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)