Which U.S. Code sections are relevant to claiming benefit of an earlier filing date?

The MPEP ¶ 2.11 mentions several U.S. Code sections relevant to claiming the benefit of an earlier filing date:

This application is claiming the benefit of prior-filed application No.[1] under 35 U.S.C. 120, 121, 365(c), or 386(c).

These sections cover different scenarios:

  • 35 U.S.C. 120: Benefit of earlier filing date in the United States
  • 35 U.S.C. 121: Divisional applications
  • 35 U.S.C. 365(c): Benefit of earlier filing date; national application
  • 35 U.S.C. 386(c): Benefit of earlier filing date; international design application

Each of these sections provides specific conditions under which an application can claim the benefit of an earlier filing date.

For more information on earlier filing date, visit: earlier filing date.

For more information on patent law, visit: patent law.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 211 - Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e), Patent Law, Patent Procedure
Tags: earlier filing date, patent law