What is copendency and why is it important for benefit claims?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Later-Filed Application Must Reference Prior Filing MPEP 211 Required Later-Filed Application Must Be Copending With Prior Application MPEP 211.01(b) Required Later Application Must Name Inventors Named in Prior Application MPEP 211 Required Requirement for Prior Application to Have Filing Date MPEP 211 Required Copending Applications Required for Benefit Claim MPEP 211.01(b) Later Application Must Be Copending Before Patenting, Abandonment, or Termination of Prior Application MPEP 211.01(b) Required Claiming Benefit of Prior Applications MPEP 211 Permitted Amendment Required for Earlier Filing Date Benefit MPEP 211 Required Relationship of Later-Filed Application Must Be Identified MPEP 211 Required Nonprovisional Application Must Be Filed Within 12 Months of Provisional MPEP 211.01(b) Required Other Related FAQs 5 FAQs Collapse What happens if a benefit claim to a provisional application is submitted without proper indication...