What is required for a later-filed application to be entitled to the benefit of an earlier-filed application’s filing date?

For a later-filed application to be entitled to the benefit of an earlier-filed application’s filing date, the following requirements must be met:

• The invention disclosed in the later-filed application must also be disclosed in the earlier-filed application.
• The disclosure in both applications must be sufficient to comply with the requirements of 35 U.S.C. 112(a), except for the best mode requirement.

As stated in MPEP 211.05:

“To be entitled to the benefit of the filing date of an earlier-filed application, the later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or earlier-filed nonprovisional application or provisional application for which benefit is claimed); the disclosure of the invention in the prior application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) except for the best mode requirement.”

This means that the earlier-filed application must provide adequate support and enablement for the claimed subject matter in the later-filed application.

To learn more:

• benefit claim
• priority claim
• disclosure requirements
• enablement
• written description