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

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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. 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. For more information on Divisional application, visit: Divisional application . For more information on patent law, visit: patent law . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claiming Benefit of Prior Applications MPEP 211 Permitted Amendment Required for Earlier Filing Date Benefit MPEP 211 Required Claiming Benefit of Prior Filed Provisional Application MPEP 211 Permitted Claiming Benefit of AIA Effective Date MPEP 211 Required Claiming Benefit of Common Ownership for Patentably Indistinct Claims During Reexamination MPEP 211 Examiner Must Use Actual Filing Date for Rejection MPEP 211 Required Requirement for Prior Application to Have Filing Date MPEP 211 Required Benefit Under 35 U.S.C. 386(c) for Design Applications Filed on or After May 13, 2015 MPEP 211 Reference to Prior Application Required in Nonprovisional MPEP 211 Required Timely Submission of Prior Application Reference Required MPEP 211 Required Other Related FAQs 5 FA...