MPEP § 202 — MPEP § 202
Current through: 2022-07-01

202-Cross-Noting 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 0200 

 Section 202 
 

 
 
 
 
 
 202 Cross-Noting [R-01.2024]
 I. NOTATION IN FILE HISTORY REGARDING PRIOR U.S. APPLICATIONS, INCLUDING PROVISIONAL
 APPLICATIONS The front page of a printed patent identifies all prior
 applications for which benefits are claimed under 35 U.S.C. 119(e) , 120 ,
 121 , 365(c) , or 386(c) 
 in continuation-in-part, continuation, divisional, and reissue applications. Therefore,
 the identifying data of all prior applications for which benefits are claimed should be
 reviewed by the examiner to ensure that the data is accurate and provided in an
 application data sheet for applications filed on or after September 16, 2012, or
 provided in either the first sentence(s) of the specification or in an application data
 sheet for applications filed prior to September 16, 2012. See 37 CFR
 1.78(a)(3) and (d)(2) and MPEP §
 211 et seq. For example, the reference to a prior nonprovisional
 application must include the appropriate relationship (e.g., continuation, divisional,
 or continuation-in-part) between the nonprovisional applications.
 

 The front page of a printed patent issuing on a continued
 prosecution application (CPA) filed under 37 CFR 1.53(d) will identify the
 application number and filing date of the most recent noncontinued prosecution
 application (but not the filing date of the CPA) as well as all prior applications from
 which benefit was claimed in the most recent noncontinued prosecution application.
 

 Where prior application data, including provisional
 application data, is included on the bib-data sheet, the examiner should check that data
 for accuracy, including whether the application is, in fact, copending with the prior
 nonprovisional application or applications for which benefit is claimed. Similarly, the
 application number of any provisional application for which benefit is claimed should be
 printed on the bib-data sheet. If applicant claims benefit under 35 U.S.C. 119(e) 
 to a prior provisional application, and states that the provisional application claims
 the benefit of, or priority to, earlier domestic or foreign application(s), the earlier
 application(s) should not be reflected on the bib-data sheet because a provisional
 application is not entitled to the benefit of, or right of priority to, any other
 application. See 35 U.S.C. 111(b)(7) .
 

 Should there be an error in the preprinted prior
 application data, the correction or entry of the data in the Patent Data Portal data
 base can be made by technical support staff of the Technology Center, if appropriate.
 Upon entry of the data, a new bib-data sheet should be printed and scanned into the
 file. If the error was an applicant error, the examiner should require correction via a
 corrected or supplemental application data sheet or an amendment, as appropriate. See
 MPEP §
 601.05 et seq. and MPEP § 211.02(a) . A petition for an
 unintentionally delayed benefit claim may also be required. See MPEP §
 211.04 .
 

 The inclusion of prior application information in the
 patent does not necessarily indicate that the claims are entitled to the benefit of the
 earlier filing date. See MPEP § 2136.03 and MPEP §
 2154.01(b) for additional information. See
 MPEP §
 306 for information pertaining to the assignment of
 applications claiming a benefit under 35 U.S.C. 119(e) or
 120 to the filing date of an earlier filed application. In the
 situation in which there has been no reference to a prior application because the
 benefit of its filing date is not desired, no notation as to the prior application is
 made on the bib-data sheet. 
 

 II. NOTATION IN FILE HISTORY REGARDING FOREIGN PRIORITY APPLICATION If a foreign application listed on the oath or declaration
 (for applications filed prior to September 16, 2012) or application data sheet is not
 listed on the bib-data sheet and the foreign priority claim is proper (e.g., the foreign
 priority claim was timely made ), the examiner should provide the information regarding
 the foreign application number, the country, and the filing date to the Legal Instrument
 Examiner for correction. If applications are listed on the bib-data sheet but filed in
 countries not qualifying for benefits under 35 U.S.C. 119(a) - (d) , the examiner
 should request that a Legal Instrument Examiner or other technical support staff remove
 reference to the applications. A listing of countries qualifying for benefits under
 35 U.S.C.
 119(a) - (d) appears at MPEP §
 213.01 . 
 

 Where foreign applications are listed on the
 pre‑AIA 37 CFR
 1.63 oath or declaration (for applications filed prior to
 September 16, 2012) or application data sheet, the examiner should check that such
 foreign applications are properly listed on the bib-data sheet. A bib-data sheet should
 include the application number, country (or intellectual property authority), day,
 month, and year of each foreign application that the U.S. application is claiming the
 priority of. The examiner should check this information for accuracy. Should there be an
 error on the oath or declaration, or application data sheet itself, the examiner should
 require a new oath or declaration, or application data sheet, where appropriate. A
 petition for an unintentionally delayed claim for priority may also be required. See
 MPEP §
 214.02 . However, the examiner should acknowledge on the
 bib-data sheet if foreign priority is claimed and must indicate in the Office action and
 on the bib-data sheet whether the conditions of 35 U.S.C. 119(a) - (d) have been
 met.
 

 If the filing dates of several foreign applications are
 claimed, information regarding each of the foreign applications is to be entered on the
 bib-data sheet.
 

 The front page of the patent when it is issued, and the
 listing in the Official Gazette, will refer to the claim of priority, giving the
 country, the filing date, and the number of the foreign application in those
 applications in which the bib-data sheet has been endorsed.
 

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 201-Types of Applications 
 201.01-National Applications 

 201.02-General Terms Used to Describe Applications 

 201.03-[Reserved] 

 201.04-Provisional Application 

 201.05-Reissue Application 

 201.06-Divisional Application 
 201.06(a)-Former 37 CFR 1.60 Divisional Continuation Procedure 

 201.06(b)-Former 37 CFR 1.62 File Wrapper Continuing Procedure 

 201.06(c)-37 CFR 1.53(b) and 37 CFR 1.63(d) Divisional-Continuation Procedure 

 201.06(d)-37 CFR 1.53(d) Continued Prosecution Application (CPA) Practice 

 
 

 201.07-Continuation Application 

 201.08-Continuation-in-Part Application 

 
 

 202-Cross-Noting 

 203-Status of Applications 
 203.01-New 

 203.02-Rejected 

 203.03-Amended 

 203.04-Allowed or in Issue 

 203.05-Abandoned 

 203.06-Incomplete 

 203.07-[Reserved] 

 203.08-Status Inquiries 
 203.08(a)-Congressional and Other Official Inquiries 

 
 

 
 

 204‑209-[Reserved] 

 210-Priority to, or the Benefit of, the Filing Date of a Prior-Filed Application 

 211-Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e) 
 211.01-Requirements Related to the Prior-Filed Application 
 211.01(a)-Claiming the Benefit of a Provisional Application 

 211.01(b)-Claiming the Benefit of a Nonprovisional Application 

 211.01(c)-Claiming the Benefit of an International Application Designating the United States 

 211.01(d)-Claiming the Benefit of an International Design Application Designating the United States 

 
 

 211.02-Reference to Prior Application(s) 
 211.02(a)-Correcting or Adding a Benefit Claim After Filing 

 
 

 211.03-Time Period for Making a Claim for Benefit Under 37 CFR 1.78 

 211.04-Delayed Benefit Claims 

 211.05-Sufficiency of Disclosure in Prior-Filed Application 

 
 

 212-[Reserved] 

 213-Right of Priority of Foreign Application 
 213.01-Recognized Countries and Regional Patent Offices of Foreign Filing 

 213.02-Formal Requirements Relating to Foreign Priority Application 

 213.03-Time for Filing U.S. Nonprovisional Application 

 213.04-Requirement to File Priority Claim and Certified Copy During Pendency of Application 

 213.05-Right of Priority Based Upon an Application for an Inventor’s Certificate 

 213.06-Claiming Priority and Filing a Certified Copy in a National Stage Application (35 U.S.C. 371) 

 213.07-Claiming Priority and Filing a Certified Copy in a Nonprovisional International Design Application 

 
 

 214-Formal Requirements of Claim for Foreign Priority 
 214.01-Time for Filing Priority Claim 

 214.02-Unintentionally Delayed Priority Claims 

 214.03-Office Acknowledgement of Priority Claims 

 214.04-Proper Identification of Priority Application in Foreign Priority Claim 

 
 

 215-Certified Copy of Foreign Application 
 215.01-Electronic Priority Document Exchange 

 215.02-Time For Filing Certified Copy – Application Filed On or After March 16, 2013 
 215.02(a)-Timeliness Requirement – Met By Priority Document Exchange 

 215.02(b)-Timeliness Requirement – Met By Interim Copy of Foreign Application 

 
 

 215.03-Time For Filing Certified Copy – Application Filed Before March 16, 2013 

 
 

 216-Entitlement to Priority 
 216.01-Perfecting Claim for Priority Under 35 U.S.C. 119(a)-(d) or (f) After Issuance of a Patent 

 
 

 217-Incorporation by Reference Under 37 CFR 1.57(b) 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:31