What is the significance of claiming benefit to a prior application in a divisional?

Claiming benefit to a prior application is crucial for divisional applications as it allows the divisional to retain the earlier filing date of the parent application. This can be significant for:

• Establishing priority over potential prior art
• Extending the potential patent term
• Maintaining continuity in the patent family

The MPEP ¶ 2.01 states:

“Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq.”

To properly claim this benefit, applicants must comply with the requirements set forth in 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211, which include making a proper benefit claim and ensuring continuity of disclosure.

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