What is the time limit for making a benefit claim in a utility or plant application?

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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. For utility or plant applications filed under 35 U.S.C. 111(a) , the benefit claim must be made during the pendency of the application and within the later of: Four months from the actual filing date of the later-filed application, or Sixteen months from the filing date of the prior-filed application As stated in the MPEP: If the application is a utility or plant application filed under 35 U.S.C. 111(a), the benefit claim of the prior application under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) must be made during the pendency of the application and within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Must Use Actual Filing Date for Rejection MPEP 211 Required Later-Filed Application Must Reference Prior Filing MPEP 211 Required Requirement for Prior Application to Have Filing Date MPEP 211 Required Amendment Required for Earlier Filing Date Benefit MPEP 211 Required Benefit Under 35 U.S.C. 386(c) for Design Applications Filed on or After May 13, 2015 MPEP 211 Procedural Requirements for Filing Date Claim Under 35 U.S.C. 120, 119(e), etc. MPEP 211 Required Timely Submission of Prior Application Reference Required MPEP 211 Required Relationship of Later-Filed Application Must Be Identified MPEP 211 Required Delayed Filing of Nonprovisional Application MPEP 211 Permitted Requirement for Referencing Prior Application MPEP 211 Required Other Related FAQs 5 FAQs Collapse How does an international application designating the US affect benefit claims? What happens if an international application designa...