37 CFR § 1.451 — The priority claim and priority document in an (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.451, including 30 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

This section outlines how applicants may correct or add a priority claim by submitting a notice within 16 months from the priority date to either the Receiving Office or International Bureau.

What this section covers

Defines the process for correcting or adding a priority claim within 16 months from the priority date.
Provides guidance on submitting a notice of correction or addition to either the Receiving Office or International Bureau.

Key obligations

The applicant must submit a notice to correct or add a priority claim within 16 months from the priority date.
The notice must be submitted to either the Receiving Office or International Bureau.

Practice notes

Ensure the notice is timely and includes all necessary information for a correct priority claim.
Missing the 16-month deadline may result in loss of priority rights.

Applicant May Correct Priority Claim Within 16 Months of Priority DateMPEP 1828Permitted
Correction of Priority Claim Within 16 MonthsMPEP 1828
Certified Copy Requirement for PCT ApplicationsMPEP 1828Permitted
Certified Copies Distributed to Designated OfficesMPEP 1828Required
Request for Certified Copy from U.S. Patent OfficeMPEP 1828Permitted
Request for Certified Copy Preparation by Receiving OfficeMPEP 1828Permitted
RO/US Transmits Certified Copy Electronically for PCT Applications Filed After Aug 31, 2007MPEP 1828
Fee Waived for Electronic Provision of Filed ApplicationMPEP 1828
Request for International Bureau to Obtain Earlier Application from Digital LibraryMPEP 1828Permitted
International Bureau Will Obtain Earlier Application Copy Electronically If RequestedMPEP 1828
Priority Claim Must Be Made on RequestMPEP 213.06Required
Request for Certified Copy of Prior ApplicationMPEP 213.06Permitted
Fee for Preparing Certified Copy RequiredMPEP 213.06
Certified Copy of Priority Document Must Be Submitted Within Time LimitMPEP 213.06Required
PCT Rule Allows Applicant to Correct Priority ClaimMPEP 213.06Permitted
Priority Claim and Certified Copy Requirements for National Stage ApplicationsMPEP 213.06
Priority Document Must Be Submitted Within 16 MonthsMPEP 213.06Prohibited
Check Certified Copy Received from International BureauMPEP 213.06
Priority Document Must Be Submitted Within 16 MonthsMPEP 213.06
Certified Copy and Translation Required for International Applications Designating but Not Originating in the USMPEP 213.06Permitted

Certified Copies Distributed to Designated OfficesMPEP 1828Required
Priority Claim Must Be Made on RequestMPEP 213.06Required
Certified Copy of Priority Document Must Be Submitted Within Time LimitMPEP 213.06Required
Claim for Priority Must Be Made and Certified Copy Filed in National StageMPEP 213.06Required
Priority Claim Must Comply With Treaty and PCT RegulationsMPEP 213.06Required
Priority Document Required for Foreign National ApplicationsMPEP 213.06Required

Requirement for Priority Claim and Document SubmissionMPEP 213.06
Certified Copy of Foreign Priority Document Required for National StageMPEP 213.06
Certified Copy of Priority Document Required During National StageMPEP 213.06
Filing Date of Earlier Application Under 35 U.S.C. 120MPEP 213.06
International Application Designating US Has Effect of National ApplicationMPEP 213.06Permitted
Later Filed Application Can Claim Earlier International Filing DateMPEP 213.06Permitted
Benefit of Earlier Filing Date for Later International ApplicationMPEP 213.06Permitted

MPEP Section	Rules
MPEP § 1828	Applicant May Correct Priority Claim Within 16 Months of Priority DateMPEP 1828Permitted Correction of Priority Claim Within 16 MonthsMPEP 1828 Certified Copy Requirement for PCT ApplicationsMPEP 1828Permitted Certified Copies Distributed to Designated OfficesMPEP 1828Required Request for Certified Copy from U.S. Patent OfficeMPEP 1828Permitted Request for Certified Copy Preparation by Receiving OfficeMPEP 1828Permitted RO/US Transmits Certified Copy Electronically for PCT Applications Filed After Aug 31, 2007MPEP 1828 Fee Waived for Electronic Provision of Filed ApplicationMPEP 1828 Request for International Bureau to Obtain Earlier Application from Digital LibraryMPEP 1828Permitted International Bureau Will Obtain Earlier Application Copy Electronically If RequestedMPEP 1828
MPEP § 213.06	Priority Claim Must Be Made on RequestMPEP 213.06Required Request for Certified Copy of Prior ApplicationMPEP 213.06Permitted Fee for Preparing Certified Copy RequiredMPEP 213.06 Certified Copy of Priority Document Must Be Submitted Within Time LimitMPEP 213.06Required PCT Rule Allows Applicant to Correct Priority ClaimMPEP 213.06Permitted Priority Claim and Certified Copy Requirements for National Stage ApplicationsMPEP 213.06 Claim for Priority Must Be Made and Certified Copy Filed in National StageMPEP 213.06Required Priority Claim Must Comply With Treaty and PCT RegulationsMPEP 213.06Required Requirement for Priority Claim and Document SubmissionMPEP 213.06 Priority Document Required for Foreign National ApplicationsMPEP 213.06Required Certified Copy of Foreign Priority Document Required for National StageMPEP 213.06 Certified Copy of Priority Document Required During National StageMPEP 213.06 Priority Document Must Be Submitted Within 16 MonthsMPEP 213.06Prohibited Check Certified Copy Received from International BureauMPEP 213.06 Priority Document Must Be Submitted Within 16 MonthsMPEP 213.06 Filing Date of Earlier Application Under 35 U.S.C. 120MPEP 213.06 International Application Designating US Has Effect of National ApplicationMPEP 213.06Permitted Later Filed Application Can Claim Earlier International Filing DateMPEP 213.06Permitted Benefit of Earlier Filing Date for Later International ApplicationMPEP 213.06Permitted Certified Copy and Translation Required for International Applications Designating but Not Originating in the USMPEP 213.06Permitted

MPEP Section

Rules

MPEP § 1828