Can I file a foreign priority claim after my patent has been granted?
Yes, you can file a foreign priority claim after your patent has been granted, but it requires additional steps:
- File a petition under 37 CFR 1.55(e) for an unintentionally delayed priority claim
- Submit a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323
- Pay the required petition and certificate of correction fees
MPEP 214.02 states: “Where a priority claim under 37 CFR 1.55(g) was not timely made, 37 CFR 1.55(g) allows the priority claim and the certified copy required under 37 CFR 1.55 to be filed pursuant to a petition under 37 CFR 1.55(e) even if the application is not pending (e.g., a patented application).”
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 214-Formal Requirements of Claim for Foreign Priority,
Patent Law,
Patent Procedure