How can I request a corrected patent with a perfected foreign priority claim?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

To request a corrected patent with a perfected foreign priority claim after issuance, you need to follow these steps:

  • File a reissue application under 35 U.S.C. 251.
  • Include a petition for an expedited examination of the reissue application.
  • Pay the required fees for both the reissue application and the petition.
  • Submit the necessary documents to perfect the priority claim, such as a certified copy of the foreign application.

As stated in MPEP 216.01: “A reissue application can be filed to correct the failure to adequately claim priority under 35 U.S.C. 119(a)-(d) or (f) in an issued patent.” It’s important to note that this process is only available for perfecting priority claims that were timely filed during the pendency of the application.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority MPEP 216 - Entitlement to Priority Patent Law Patent Procedure
Tags: Certified Copy Ordering, Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case