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

To qualify for a reference filing, the most crucial step is to reference the previously filed application in the Application Data Sheet (ADS). The Application Data Sheet is a critical document that the USPTO requires, as it provides essential information about the application, including claims of priority to earlier filings.

By including the reference to the previously filed application, the applicant effectively connects the new application to prior submissions, which is key in establishing the lineage and rights associated with the invention. This step is generally the cornerstone for any sequence of filings seeking to maintain continuity of intellectual property protection, as it ensures that the relationship between filings is clear to examiners at the USPTO.

The other options, while related to the filing process, do not directly address the qualification for a reference filing. For instance, paying fees and submitting prototypes are part of the overall filing process but do not serve as the foundational step in linking back to earlier applications. Similarly, requesting a delay pertains to the timing of processing rather than establishing a reference filing.