How can an applicant correct errors in a priority claim for a PCT application?
An applicant can correct errors in a priority claim for a PCT application in the following ways:
- Before international publication: The applicant can submit a notice to the International Bureau to add or correct a priority claim. This must be done within 16 months from the priority date or 4 months from the international filing date, whichever expires first.
- After international publication: The applicant can request the International Bureau to publish a notice correcting the priority claim. This must be done within 30 months from the priority date.
As stated in MPEP 1828: “Where the applicant has not furnished the request to add the priority claim within the time limit, the priority claim will be considered not to have been made. However, if the failure to furnish such request within the time limit was unintentional, the applicant may petition to restore the right of priority under PCT Rule 26bis.3.”
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