Can a delayed priority claim be accepted after patent issuance?

Yes, a delayed priority claim can be accepted after patent issuance, but the process is more complex and requires a certificate of correction. According to MPEP 214.02:

For utility and plant applications filed on or after November 29, 2000, the failure to timely file a priority claim because of an error in a foreign priority claim may be corrected pursuant to 37 CFR 1.55(g). The failure to timely file a priority claim to an earlier filed application may be corrected pursuant to 37 CFR 1.78(c) and (e).

To correct a delayed priority claim after patent issuance:

• File a petition under 37 CFR 1.55(e) or 37 CFR 1.78(c) and (e), as appropriate.
• Submit a request for a certificate of correction under 37 CFR 1.323.
• Pay the required fees for both the petition and the certificate of correction.
• Provide a statement of unintentional delay covering the entire period of delay.

It’s important to note that the standards for accepting a delayed priority claim after issuance are typically higher, and the USPTO may require a more detailed explanation of the circumstances surrounding the delay.

To learn more:

• delayed priority claim
• patent issuance
• certificate of correction
• MPEP 214.02

To learn more:

• MPEP 214.02