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
Tags: benefit claims, continuation applications, copendency, patent application filing