How do I correct an error in my foreign priority claim?

How do I correct an error in my foreign priority claim?

If you need to correct an error in your foreign priority claim, the process depends on the nature of the error and when it’s discovered. According to MPEP 214.01, “Applicant may correct the failure to adequately claim priority to the prior foreign application by amending the specification or submitting a new application data sheet (ADS) identifying the foreign application by application number, country (or intellectual property authority), and filing date.” Here are some key points to remember:

• If the error is discovered within the time period for filing the priority claim, you can simply submit a corrected ADS or amend the specification.
• If the error is discovered after the time period has expired, you may need to file a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim.
• For minor typographical errors, a request for a corrected filing receipt may be sufficient.

Always consult with a patent attorney or agent to determine the best course of action for your specific situation.