What steps should be taken to claim the benefit of a prior application’s filing date for a divisional application?

To claim the benefit of a prior application’s filing date for a divisional application, applicants must follow specific procedures. The MPEP ¶ 2.01 provides guidance:

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.

This means applicants should:

• Review 35 U.S.C. 120 for statutory requirements
• Consult MPEP § 211 for detailed guidance on claiming benefit
• Follow the procedures outlined in 37 CFR 1.78 for claiming benefit of an earlier-filed application

It’s crucial to properly establish the benefit claim to secure the earlier filing date for the divisional application.

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

For more information on USPTO procedures, visit: USPTO procedures.