What happens if copendency is not established between patent applications?

If copendency is not established between patent applications, the benefit claim to the prior-filed application becomes improper. The MPEP clearly states:

Since the applications are not copending, the benefit claim to the prior-filed application is improper. Applicant is required to delete the claim to the benefit of the prior-filed application, unless applicant can establish copendency between the applications.

In such cases, the applicant must either prove that copendency exists or remove the benefit claim. Failure to do so may result in the loss of the earlier priority date, potentially affecting the patentability of the invention.

For more information on copendency, visit: copendency.

For more information on patent procedure, visit: patent procedure.