How can I correct a mistake in the priority claim of my patent?

Correcting a mistake in the priority claim of a patent typically requires a different process than a Certificate of Correction. According to MPEP 1481:

“A clerical or typographical mistake in the benefit or foreign priority claim is typically not an error correctable by a certificate of correction and generally requires a petition under 37 CFR 1.78(e) or 37 CFR 1.55(e), respectively.”

For more information on correcting a benefit claim, refer to MPEP § 1481.03. For guidance on correcting a foreign priority claim, see MPEP § 216.01.

In most cases, you will need to file a petition with the USPTO to correct priority claim errors, rather than using a Certificate of Correction.

To learn more:

Tags: Benefit Claim, foreign priority, Patent correction, Priority Claim