To preserve the priority date of a parent application, what must be true about the divisional/continuation application?

To preserve the priority date of a parent application when filing a divisional or continuation application, it is essential that the new application references the parent application and is filed while the parent application is still pending. This requirement ensures that the filing date of the parent application is retained for the new application, allowing the applicant to maintain the earlier priority date for the claims included in the continuation or divisional application.

The necessity of filing while the parent application is pending means that if the parent application has already been granted or is no longer active, the priority date cannot be preserved. This is critical because the ability to rely on an earlier filing date can significantly affect the patentability of the claims in the divisional or continuation application, as it can avoid issues related to intervening prior art that might arise after the parent application has been granted.

In contrast, the other options do not meet the requirement for preserving the priority date effectively. For instance, a requirement of having a new inventor does not apply in this context, as the inventorship can remain unchanged. Similarly, filing the application in a foreign country does not pertain to the preservation of the priority date in the context of U.S. patent law, as that involves different considerations and can potentially lead to complications in managing