What is the purpose of MPEP ¶ 2.15?

Question

Accepted Answer

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. MPEP ¶ 2.15 provides guidance on how to properly claim the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c). It outlines the requirements for including a specific reference to the prior-filed application and the timeframes within which this reference must be submitted. The paragraph states: If applicant desires to claim the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c), the instant application must contain, or be amended to contain, a specific reference to the prior-filed application in compliance with 37 CFR 1.78. This means that applicants must explicitly reference the prior application to claim its benefits. For more information on specific reference, visit: specific reference . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Prior Application to Have Filing Date MPEP 211 Required Amendment Required for Earlier Filing Date Benefit MPEP 211 Required Procedural Requirements for Filing Date Claim Under 35 U.S.C. 120, 119(e), etc. MPEP 211 Required Later-Filed Application Must Reference Prior Filing MPEP 211 Required Reference Must Be Submitted During Pendency MPEP 211 Required Reference to Prior Application Required in Nonprovisional MPEP 211 Required Claiming Benefit of Prior Applications MPEP 211 Permitted Later Application Must Name Inventors Named in Prior Application MPEP 211 Required Identification of Application by Number Required for Reference MPEP 211 Required Reference to Prior Applications Required MPEP 211 Required Other Related FAQs 5 FAQs Collapse What is the &#8216;specific reference&#8217; requirement for claiming benefit of a prior-filed application...