What is the ‘same invention’ requirement for claiming benefit under 35 U.S.C. 120?

What is the ‘same invention’ requirement for claiming benefit under 35 U.S.C. 120?

The ‘same invention’ requirement is a crucial aspect of claiming benefit under 35 U.S.C. 120. MPEP 211.01(b) explains: The second application must be an application for a patent for an invention which is also disclosed in the first application.

This means:

• The later application must disclose at least some part of the invention claimed in the prior application.
• The disclosure in the prior application must provide adequate support for the claims in the later application.
• New matter introduced in the later application cannot claim the benefit of the earlier filing date.

The ‘same invention’ does not require identical claims, but there must be a common disclosure that supports the claims in both applications. For more information, see MPEP 211.01(b) and 35 U.S.C. 120.