Can a foreign priority claim be corrected after filing a patent application?

Yes, a foreign priority claim can be corrected after filing a patent application, but there are specific procedures and time limitations to follow. According to MPEP 214.04:

‘The time period for making a claim for priority under 37 CFR 1.55 is set forth in 37 CFR 1.55(d)… If the claim for priority or the certified copy of the foreign application is filed after the date the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.’

To correct a foreign priority claim:

• If before the issue fee is paid: File a corrected Application Data Sheet (ADS) with the proper identification of the foreign application.
• If after the issue fee is paid: Request a Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323.

It’s important to note that corrections must be made within the time period specified in 37 CFR 1.55(d), which is typically within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application.

To learn more:

• foreign priority claim
• correction
• patent application
• Certificate of Correction