What is the significance of the filing date mentioned in MPEP ¶ 2.05?

The filing date mentioned in MPEP ¶ 2.05 is significant because it establishes the priority date for the continuation application. The MPEP states:

“This application discloses and claims only subject matter disclosed in prior Application No. [1], filed [2], and names an inventor or inventors named in the prior application.” (MPEP ¶ 2.05)

The significance of the filing date [2] includes:

• Establishing the priority date for the continuation application
• Determining the relevant prior art for examination
• Calculating patent term adjustments
• Assessing eligibility for certain types of patent term extensions

By referencing the filing date of the prior application, the continuation application can benefit from the earlier filing date, potentially providing an advantage in terms of patentability and patent term.

For more information on continuation application, visit: continuation application.