Can a delayed priority claim be filed after a patent has been granted?
Yes, a delayed priority claim can be filed after a patent has been granted. The MPEP provides for this possibility:
“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). Thus, a petition under 37 CFR 1.55(e) may be filed along with request for a certificate of correction after patent grant.”
This provision allows patent holders to rectify priority claims even after their patent has been issued, ensuring that important priority rights are not lost due to unintentional delays.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure