Benefit and priority claims
A benefit or priority claim gives a claim an earlier effective filing date if the earlier application supports it and the formal requirements are met: timing, copendency or the priority year, a reference in the ADS on time, and (for foreign priority) a certified copy.
Filing, fees, benefit and priority2 min read4 sections
| Type | Disclosure | Typical reason |
|---|---|---|
| Continuation | Same as parent | Pursue other claims |
| Divisional | Same as parent | Claims restricted out of the parent; 121 safe harbor |
| Continuation-in-part | Parent plus new matter | Add improvements; new-matter claims get the CIP date |
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The US nonprovisional application must be filed within 12 months of the foreign application (6 months for a design application), unless the right of priority is restored under 37 CFR 1.55(c), and a deadline on a weekend or federal holiday moves to the next business day. Source: 35 U.S.C. 119(a), 21(b); MPEP 213.03, checked 12 Oct 2026.
