Can foreign priority documents be used to support error corrections in U.S. patent applications?

Generally, foreign priority documents cannot be used to support error corrections in U.S. patent applications. The MPEP Section 2163.07 states:

“Where a foreign priority document under 35 U.S.C. 119 is of record in the U.S. application file, applicant may not rely on the disclosure of that document to support correction of an error in the pending U.S. application.”

This prohibition exists because a claim for priority is simply a claim for the benefit of an earlier filing date for common subject matter, and does not incorporate the content of the priority document into the U.S. application. However, there are exceptions:

• If the U.S. application explicitly incorporates the foreign priority document by reference.
• For applications filed on or after September 21, 2004, where a portion of the specification or drawing(s) is inadvertently omitted, under certain conditions specified in 37 CFR 1.57(a).

To learn more:

• foreign priority documents
• error corrections
• U.S. patent applications
• MPEP 2163.07