What information must be included in a benefit claim for continuations, divisionals, or continuation-in-part applications?

For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), which include continuations, divisionals, and continuation-in-part applications, the benefit claim must include specific information about the relationship between the applications. The MPEP states:

“For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), the reference must include the relationship (i.e., continuation, divisional, or continuation-in-part) of the applications.”

This means that when making a benefit claim, you must explicitly state whether the current application is a:

• Continuation
• Divisional
• Continuation-in-part

of the prior application. This information helps the USPTO and others understand the relationship between related applications and ensures proper examination and treatment of the claims.

Remember, this requirement is in addition to other necessary information for the benefit claim, such as the application number and filing date of the prior application.

For more information on divisional, visit: divisional.