What is the first step to qualify for a reference filing?

To qualify for a reference filing, the critical first step is to reference the previously filed application in the Application Data Sheet (ADS). This action is essential because it establishes the link between the new application and the prior application, ensuring that the new filing can claim priority to the earlier submission. The ADS serves as a formal document that provides the United States Patent and Trademark Office (USPTO) with necessary information about the application, including references to any related applications.

Referencing the previous filing in the ADS is crucial for ensuring that the new application is recognized as a continuation, divisional, or a related application. This process is fundamental to establishing the priority date for the claimed invention, which can have significant implications for patentability and any potential disputes regarding prior art.

While paying fees and submitting prototypes may be necessary steps in other contexts, they are not prerequisites for qualifying a reference filing in this specific scenario. Therefore, referencing the previously filed application in the ADS is the correct first step in the qualification process.