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.
A certificate of correction can be used to perfect a foreign priority claim in the following scenarios:
- When the priority claim was timely filed but not included on the patent due to failure to submit a certified copy.
- When the priority claim was not timely made, but the correction would not require further examination.
To use a certificate of correction, you must:
- File a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
- Include a grantable petition under 37 CFR 1.55(e), (f), or (g) as appropriate.
- Pay the required fee and provide a showing of good and sufficient cause for the delay, if applicable.
The MPEP states: Where the priority claim required under 37 CFR 1.55 was timely filed in the application but was not included on the patent because the requirement under 37 CFR 1.55 for a certified copy was not satisfied, the patent may be corrected to include the priority claim via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, accompanied by a grantable petition under 37 CFR 1.55(f) or, in the case of a design application, a grantable petition under 37 CFR 1.55(g).