What are the requirements for claiming the benefit of a prior application’s filing date?

To claim the benefit of a prior application’s filing date, applicants must meet specific requirements. The MPEP ¶ 2.05 advises:

“Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq.”

Key requirements include:

• The application must be filed before the patenting or abandonment of the prior application.
• The application must contain a specific reference to the prior application.
• The application must have at least one common inventor with the prior application.
• The application must disclose the invention claimed in the manner provided by 35 U.S.C. 112(a).

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