What is copendency and why is it important for benefit claims?
Copendency refers to the requirement that a later-filed application claiming benefit of a prior application must be filed before the prior application is patented, abandoned, or proceedings are terminated. Copendency is crucial because:
- It establishes a continuous chain of pending applications
- It allows the later application to claim the earlier filing date
- Without copendency, the benefit claim is improper
As stated in MPEP 211.01(b): “Copendency is defined in the clause which requires that the later-filed application must be filed before: (A) the patenting of the prior application; (B) the abandonment of the prior application; or (C) the termination of proceedings in the prior application.”
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 211 - Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e),
Patent Law,
Patent Procedure