How can errors in benefit claims to domestic applications be corrected?

Errors in benefit claims to domestic applications can be corrected through reissue applications or certificates of correction, depending on the situation. The MPEP states:

• For provisional applications: correction of failure to adequately claim a benefit under 35 U.S.C. 119(e) in an earlier-filed copending U.S. patent application is considered a proper ground for reissue.
• For non-provisional applications: Correction of failure to adequately claim a benefit under 35 U.S.C. 120 in an earlier-filed copending U.S. patent application was held to be a proper ground for reissue.

If adding a new benefit claim in a reissue application, the applicant must file a petition for an unintentionally delayed priority claim under 37 CFR 1.78(c) (for 35 U.S.C. 119(e) claims) or 37 CFR 1.78(e) (for 35 U.S.C. 120, 121, 365(c), or 386(c) claims).

In some cases, these corrections can be made via a certificate of correction. Consult MPEP § 1481.03 for the procedure to use a certificate of correction for adding benefit claims.

To learn more:

• benefit claims
• domestic applications
• reissue application
• certificate of correction
• 35 U.S.C. 119(e)
• 35 U.S.C. 120