What is the effect of a benefit claim on the effective filing date of a continuing application?
What is the effect of a benefit claim on the effective filing date of a continuing application?
A benefit claim to a prior-filed application can significantly impact the effective filing date of a continuing application. The MPEP 211.01(b) explains:
‘The effective filing date of a claimed invention is determined on a claim-by-claim basis and not an application-by-application basis. It is possible for different claims in a later-filed application to receive different effective filing dates.’
This means that:
- Each claim in a continuing application may have a different effective filing date
- The effective date depends on when the claimed subject matter was first disclosed in a parent application
- Claims fully supported by the parent application get the parent’s filing date as their effective date
- New matter introduced in the continuing application gets the actual filing date of that application
It’s crucial for applicants to carefully consider the content of prior applications when making benefit claims, as this can affect patentability determinations and the scope of prior art that can be cited against the claims.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure