What is the ‘specific reference’ requirement for claiming benefit of a prior-filed application?

What is the ‘specific reference’ requirement for claiming benefit of a prior-filed application?

The ‘specific reference’ requirement is a crucial aspect of claiming the benefit of a prior-filed application. According to MPEP 211.01, To claim the benefit of a prior-filed application, the later-filed application must contain a specific reference to the prior-filed application. This means that:

• The specific reference must be made in the first sentence(s) of the specification or in an application data sheet (ADS).
• It should include the relationship between the applications (e.g., continuation, divisional, or continuation-in-part).
• The prior application’s serial number and filing date must be provided.

For example: ‘This application is a continuation of Application No. 12/345,678, filed January 1, 2020.’

Failure to provide this specific reference can result in the loss of the benefit claim. For more details, refer to MPEP 211 and 37 CFR 1.78.