Can I file a priority claim after paying the issue fee for my patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, you can file a priority claim after paying the issue fee for your patent application, but it comes with additional requirements and costs. According to MPEP 213.04 : If the claim for priority or the certified copy of the foreign application is filed after the date the issue fee is paid, it must also be accompanied by the processing fee set forth in 37 CFR 1.17(i). This means that if you file your priority claim after paying the issue fee, you must: Include the priority claim or certified copy of the foreign application Pay the additional processing fee specified in 37 CFR 1.17(i) Ensure the application hasn’t been patented yet It’s important to note that once the patent is granted, you cannot file a priority claim retroactively. Therefore, it’s always best to file your priority claim as early as possible during the application process to avoid additional fees and potential complications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim for Priority and Certified Copy Required MPEP 213 Required Priority Claim for Foreign Application Not Required for Restoration Petition MPEP 213 Claim for Priority Must Be Filed Before Patent Grant MPEP 213 Required Priority Claim Must Be Filed Before Issue Fee MPEP 213 Required Priority Claim and Certified Copy Due for Design Application MPEP 213 Priority Claim and Certified Copy Must Be Furnished in Nonprovisional International Design Application MPEP 213 Required Certified Copy of Foreign Application Must Be Filed During National Stage Entry MPEP 213 Required Priority Claim and Certified Copy Must Be Filed During Pendency of Application MPEP 213.04 Required Priority Claim and Certified Copy Must Be Filed During Applic...