Patent Law FAQ

The timeliness requirement for priority documents in the PDX program is crucial for patent applicants. MPEP 215.02(a) states:

“If the priority document is retrieved after the application is allowed, the patent will not include the priority claim unless the applicant promptly files a request for a Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323.”

Key points about the timeliness requirement:

• Priority documents should be retrieved before the application is allowed
• If retrieved after allowance, a Certificate of Correction is required
• Applicants should monitor the retrieval status and take action if necessary

To learn more:

• timeliness requirement
• PDX program
• priority documents
• patent allowance
• Certificate of Correction

If a priority claim needs to be corrected after a patent has been issued, it must be done through a certificate of correction. The MPEP Section 213.04 states:

“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 § 1.323.”

To obtain a certificate of correction, the patent owner must file a request with the USPTO, pay the required fee, and provide a statement explaining the error and how it occurred. The USPTO will then review the request and, if approved, issue a certificate of correction to be attached to the patent.

To learn more:

• certificate of correction
• priority claim correction
• post-grant correction
• patent amendment

Adding a benefit claim after the time period required by 37 CFR 1.78 requires a petition and the petition fee. As stated in MPEP § 211.04:

Any petition under 37 CFR 1.78 must be accompanied by a corrected ADS in compliance with 37 CFR 1.76(c) (for applications filed on or after September 16, 2012), or by an amendment to the specification or a supplemental ADS in compliance with pre-AIA 37 CFR 1.76(c) (for applications filed prior to September 16, 2012) unless the proper reference was previously submitted.

In addition to the petition and ADS or amendment, you may need to file one of the following, depending on the status of your application:

• A request for continued examination (RCE) under 37 CFR 1.114, if the application is under final rejection or has been allowed.
• A reissue application or a request for a certificate of correction under 37 CFR 1.323, if the application has already issued as a patent.

It’s important to note that when adding a benefit claim after filing, you cannot include an incorporation by reference statement of the prior application unless such a statement was present upon the initial filing of the application.

To learn more:

• benefit claim
• petition
• ADS
• RCE
• reissue application
• certificate of correction

If the certified copy of the foreign application is filed after the issue fee is paid but before the patent is granted, the following occurs:

• The priority claim or certified copy will be placed in the file record
• There will be no review of the papers
• The published patent will not include the priority claim

To have the priority claim considered after publication, a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323 must be filed. For original applications filed under 35 U.S.C. 111(a), additional requirements may apply, such as a petition to accept an unintentionally delayed priority claim.

This is outlined in MPEP 215.03.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on certified copy, visit: certified copy.

For more information on issue fee, visit: issue fee.

What happens if I need to change the order of benefit claims in my patent application?

Changing the order of benefit claims in a patent application requires specific actions, as outlined in MPEP 211.02(a):

“If applicant needs to change the order of benefit claims presented in an application data sheet or patent, applicant must file a corrected application data sheet under 37 CFR 1.76(c) or a Certificate of Correction, as appropriate.”

The method you choose depends on the status of your application:

• For pending applications: File a corrected Application Data Sheet (ADS) under 37 CFR 1.76(c).
• For issued patents: File a Certificate of Correction.

It’s important to note that changing the order of benefit claims may affect the effective filing date of your application, which could impact patentability considerations.

To learn more:

• benefit claims
• order change
• Application Data Sheet
• Certificate of Correction
• patent application

What happens if I fail to file a priority claim within the time period set in 37 CFR 1.55?

If you fail to file a priority claim within the time period set in 37 CFR 1.55, your priority claim will be considered waived. The MPEP states: ‘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.’ This means that if you miss the deadline, you may lose the benefit of the earlier filing date, which could potentially affect the patentability of your invention if intervening prior art exists.

To learn more:

• priority claim
• filing deadline
• 37 CFR 1.55
• certificate of correction

To learn more:

• 37 CFR 1.55

If a priority claim or the certified copy of a foreign application is filed after the issue fee is paid, it will not automatically be included in the patent. The MPEP Section 213.04 states:

“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 § 1.323.”

This means that to include the priority claim in the patent after the issue fee is paid, the applicant must request a certificate of correction, which may involve additional fees and processing time.

To learn more:

• priority claim
• issue fee
• certificate of correction
• patent correction

To file a certificate of correction to perfect a foreign priority claim, you must meet the following requirements:

1. The priority claim under 37 CFR 1.55 was timely filed in the application but was not included on the patent due to failure to provide a certified copy.
2. A grantable petition under 37 CFR 1.55(f) or (g) must be filed, which includes:
   • The fee set forth in 37 CFR 1.17(g)
   • A showing of good and sufficient cause for the delay in filing the certified copy
3. The correction must not require further examination.

As stated in the MPEP, Where the priority claim required under 37 CFR 1.55 was timely filed in the application but was not included on the patent because the requirement under 37 CFR 1.55 for a certified copy was not satisfied, the patent may be corrected to include the priority claim via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, accompanied by a grantable petition under 37 CFR 1.55(f) or, in the case of a design application, a grantable petition under 37 CFR 1.55(g).

To learn more:

• certificate of correction
• foreign priority claim
• patent correction
• 37 CFR 1.55

To learn more:

• 37 CFR 1.55

A certificate of correction can be used to perfect a foreign priority claim in the following scenarios:

1. When the priority claim was timely filed but not included on the patent due to failure to submit a certified copy.
2. When the priority claim was not timely made, but the correction would not require further examination.

To use a certificate of correction, you must:

• File a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
• Include a grantable petition under 37 CFR 1.55(e), (f), or (g) as appropriate.
• Pay the required fee and provide a showing of good and sufficient cause for the delay, if applicable.

The MPEP states: Where the priority claim required under 37 CFR 1.55 was timely filed in the application but was not included on the patent because the requirement under 37 CFR 1.55 for a certified copy was not satisfied, the patent may be corrected to include the priority claim via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, accompanied by a grantable petition under 37 CFR 1.55(f) or, in the case of a design application, a grantable petition under 37 CFR 1.55(g).

Can I request a certificate of correction for a priority claim after my patent has issued?

Yes, you can request a certificate of correction for a priority claim after your patent has issued, but only under specific circumstances. According to MPEP 213.04: ‘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.’ However, it’s important to note that this correction is only possible if the failure to make the timely claim was through error and without deceptive intent. You’ll need to file a petition for a certificate of correction along with the required fee and evidence supporting your claim.

To learn more:

• certificate of correction
• priority claim
• issued patent
• 35 U.S.C. 255
• 37 CFR 1.323

To learn more:

• 35 U.S.C. 255
• 37 CFR 1.323

Yes, you can perfect a claim for foreign priority after your patent has been issued. There are two main methods:

1. Certificate of Correction: This is generally the preferred method if the requirements of 37 CFR 1.55 are met and no further examination is required. As stated in the MPEP, Except in certain situations, a certificate of correction can generally be used to perfect a claim to foreign priority where a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim is filed with a request for a certificate of correction in an issued patent.
2. Reissue Application: This method is necessary in situations where further examination would be required or when the requirements of 35 U.S.C. 119(a)-(d) or (f) were not satisfied in the patented application or its parent prior to issuance.

To learn more:

• foreign priority
• patent correction
• certificate of correction
• reissue application

Can I file a certified copy of a foreign application after paying the issue fee?

Yes, you can file a certified copy of a foreign application after paying the issue fee, but there are important considerations. According to MPEP 213.04, “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.” This means that while you can still file the certified copy, it won’t automatically be included in your patent. You would need to request a certificate of correction after the patent issues to have the priority claim recognized. It’s always best to file the certified copy before paying the issue fee to avoid this additional step and potential complications.

To learn more:

• certified copy
• foreign application
• issue fee
• certificate of correction

Can a priority claim be corrected after the patent has been issued?

Yes, it is possible to correct a priority claim after a patent has been issued, but the process is more complex and limited compared to correcting a priority claim in a pending application.

According to MPEP 214.02: ‘For a correction of foreign priority claim after issuance of a patent, see MPEP § 216.01.’

To correct a priority claim in an issued patent, the following steps are typically required:

• File a petition for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
• Pay the required fee.
• Provide a statement that the error occurred without deceptive intent.
• Submit evidence to support the correction, such as a certified copy of the priority document.

It’s important to note that the scope for correcting priority claims in issued patents is more limited than in pending applications. The correction must not involve a change that would broaden the scope of the claims of the issued patent.

For more detailed information on correcting foreign priority claims after patent issuance, refer to MPEP § 216.01.

To learn more:

• priority claim correction
• issued patent
• USPTO
• certificate of correction

Yes, a petition for an unintentionally delayed priority claim can be filed after a patent issues, but it requires a different procedure. According to MPEP 214.02:

For applications that have issued as patents, a petition filed under 37 CFR 1.55(e) or 1.78(c) and (e) may be filed as a reissue application, a request for certificate of correction under 37 CFR 1.323, or a petition under 37 CFR 1.78(a) and (b) or 1.55(g), as appropriate.

This means that after a patent has issued, the options for correcting a priority claim are:

• Filing a reissue application
• Requesting a certificate of correction
• Filing a petition under specific regulations

The appropriate method depends on the specific circumstances and the type of priority claim being corrected. It’s important to note that each of these options has its own requirements and limitations. For example, a certificate of correction is generally only available for minor errors that are clerical or typographical in nature.

Given the complexity of post-issuance corrections, it’s advisable to consult with a patent attorney or agent to determine the best course of action for your specific situation.

To learn more:

• unintentionally delayed priority claim
• post-issuance correction
• reissue application
• certificate of correction

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

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:

• delayed priority claim
• post-grant correction
• certificate of correction
• patent procedure

Yes, a delayed priority claim can be accepted after patent issuance, but the process is more complex and requires a certificate of correction. According to MPEP 214.02:

For utility and plant applications filed on or after November 29, 2000, the failure to timely file a priority claim because of an error in a foreign priority claim may be corrected pursuant to 37 CFR 1.55(g). The failure to timely file a priority claim to an earlier filed application may be corrected pursuant to 37 CFR 1.78(c) and (e).

To correct a delayed priority claim after patent issuance:

• File a petition under 37 CFR 1.55(e) or 37 CFR 1.78(c) and (e), as appropriate.
• Submit a request for a certificate of correction under 37 CFR 1.323.
• Pay the required fees for both the petition and the certificate of correction.
• Provide a statement of unintentional delay covering the entire period of delay.

It’s important to note that the standards for accepting a delayed priority claim after issuance are typically higher, and the USPTO may require a more detailed explanation of the circumstances surrounding the delay.

To learn more:

• delayed priority claim
• patent issuance
• certificate of correction
• MPEP 214.02

To learn more:

• MPEP 214.02

Yes, delayed benefit claims can be filed for design applications. The MPEP 211.04 provides specific information about this:

“Effective May 13, 2015, 37 CFR 1.78(d)(3) was amended to make the procedures under 37 CFR 1.78(e) to accept an unintentionally delayed benefit claim applicable to design applications where the benefit claim was not submitted during the pendency of the design application. Thus, a petition under 37 CFR 1.78(e) may be filed along with a request for certificate of correction after patent grant.”

This means that for design applications, it’s possible to file a petition for a delayed benefit claim even after the patent has been granted, along with a request for a certificate of correction.

To learn more:

• design applications
• delayed benefit claim
• certificate of correction
• patent grant

No, a delayed benefit claim cannot be accepted after the patent has issued. The MPEP 211.04 clearly states:

“A petition under 37 CFR 1.78 to accept an unintentionally delayed claim for the benefit of a prior-filed application will not be granted in an issued patent.”

This means that once a patent has been granted, it is no longer possible to add or correct benefit claims through the petition process. The opportunity to make such changes ends when the patent issues.

If an applicant discovers after issuance that a benefit claim was not properly made or was omitted, they may have limited options:

• Consider filing a reissue application to correct the error, if it qualifies as an error correctable by reissue.
• In some cases, a certificate of correction might be appropriate, but this is generally limited to typographical or clerical errors.

It’s crucial for applicants to ensure all desired benefit claims are properly made and recorded before the patent issues to avoid complications and potential loss of priority rights.

To learn more:

• delayed benefit claim
• issued patent
• petition limitations
• reissue application
• certificate of correction

Can a Certificate of Correction be used to add or correct a benefit claim after patent grant?

The use of a Certificate of Correction to add or correct a benefit claim after patent grant depends on the type of patent. According to MPEP 211.02(a):

“For utility and plant applications, a Certificate of Correction can be used to correct the failure to adequately claim priority under 35 U.S.C. 119(e) or 120 in the application as filed if the application was filed within the required time period. However, for design applications, an application may be amended to claim priority to or the benefit of a prior-filed application after the application issues as a patent by filing a reissue application.”

This means:

• For utility and plant patents: A Certificate of Correction can be used to add or correct a benefit claim after patent grant, provided the application was filed within the required time period.
• For design patents: A Certificate of Correction cannot be used. Instead, a reissue application must be filed to add or correct a benefit claim after patent grant.

It’s important to note that the option to use a Certificate of Correction for utility and plant patents is subject to specific conditions and time limitations. Always consult the current MPEP and seek legal advice if necessary.

To learn more:

• Certificate of Correction
• benefit claim
• utility patent
• plant patent
• design patent

The certified copy of the foreign application must be filed before the patent is granted. If the certified copy is filed after payment of the issue fee but prior to the date of grant, the priority claim will be placed in the file record but the patent will not include the priority claim unless corrected after the patent is granted using a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.

For applications filed under 35 U.S.C. 111(a) (other than design applications), a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim must also be filed with the certificate of correction. For all applications, a grantable petition under 37 CFR 1.55(f) or (g) must also be filed with the certificate of correction unless the priority claim was timely made but a certified copy was not yet in the file. See MPEP 215.03.

A Certificate of Correction is appropriate for perfecting a foreign priority claim in the following situations:

1. When the priority claim was timely filed in the application but was not included on the patent because the requirement for a certified copy was not satisfied. In this case, a grantable petition under 37 CFR 1.55(f) or 37 CFR 1.55(g) for design applications is also required.
2. When a priority claim under 37 CFR 1.55 was not timely made, but the correction sought would not require further examination.

The MPEP states: “Effective May 13, 2015, 37 CFR 1.55(g) provides that the claim for priority and the certified copy of the foreign application must be filed within the pendency of the application, unless filed with a petition under 37 CFR 1.55(e), (f), or (g) as appropriate. 37 CFR 1.55(g) eliminates the need in many instances to file a reissue application in order to perfect a claim for foreign priority.” (MPEP 216.01)

If there is an error in the pre-printed prior application data on the bib-data sheet:

• The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error.
• A petition for an unintentionally delayed benefit claim may also be required.
• If appropriate, the correction or entry of the data can be made by technical support staff of the Technology Center.

See MPEP 601.05 and MPEP 211.02(a) for more details.

If the certified copy of the foreign application is filed after the date the issue fee is paid but prior to the date of grant of the patent, it will be placed in the file record but there will be no review of the papers. The patent when published will not include the priority claim. A certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323 can be filed to have the priority claim considered after publication of the patent.

No, incorporation by reference under 37 CFR 1.57(b) cannot be used to add material to a granted patent. This provision is only applicable during the application process, before a patent is granted. The MPEP clearly states:

“If, however, an application has been patented, a certificate of correction or a reissue application could not be used to add inadvertently omitted material to that patent via 37 CFR 1.57(b).”

Once a patent has been granted, other mechanisms such as reissue or certificate of correction would need to be considered for making changes or additions to the patent, subject to their own specific requirements and limitations.

Yes, you can file a foreign priority claim after your patent has been granted, but it requires additional steps:

1. File a petition under 37 CFR 1.55(e) for an unintentionally delayed priority claim
2. Submit a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323
3. Pay the required petition and certificate of correction fees

MPEP 214.02 states: “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).”

If there is an error in the pre-printed prior application data on the bib-data sheet:

• The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error.
• A petition for an unintentionally delayed benefit claim may also be required.
• If appropriate, the correction or entry of the data can be made by technical support staff of the Technology Center.

See MPEP 601.05 and MPEP 211.02(a) for more details.

Yes, you can file a foreign priority claim after your patent has been granted, but it requires additional steps:

1. File a petition under 37 CFR 1.55(e) for an unintentionally delayed priority claim
2. Submit a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323
3. Pay the required petition and certificate of correction fees

MPEP 214.02 states: “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).”

The certified copy of the foreign application must be filed before the patent is granted. If the certified copy is filed after payment of the issue fee but prior to the date of grant, the priority claim will be placed in the file record but the patent will not include the priority claim unless corrected after the patent is granted using a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.

For applications filed under 35 U.S.C. 111(a) (other than design applications), a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim must also be filed with the certificate of correction. For all applications, a grantable petition under 37 CFR 1.55(f) or (g) must also be filed with the certificate of correction unless the priority claim was timely made but a certified copy was not yet in the file. See MPEP 215.03.

If the certified copy of the foreign application is filed after the issue fee is paid but before the patent is granted, the following occurs:

• The priority claim or certified copy will be placed in the file record
• There will be no review of the papers
• The published patent will not include the priority claim

To have the priority claim considered after publication, a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323 must be filed. For original applications filed under 35 U.S.C. 111(a), additional requirements may apply, such as a petition to accept an unintentionally delayed priority claim.

This is outlined in MPEP 215.03.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on certified copy, visit: certified copy.

For more information on issue fee, visit: issue fee.

If the certified copy of the foreign application is filed after the date the issue fee is paid but prior to the date of grant of the patent, it will be placed in the file record but there will be no review of the papers. The patent when published will not include the priority claim. A certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323 can be filed to have the priority claim considered after publication of the patent.

A Certificate of Correction is appropriate for perfecting a foreign priority claim in the following situations:

1. When the priority claim was timely filed in the application but was not included on the patent because the requirement for a certified copy was not satisfied. In this case, a grantable petition under 37 CFR 1.55(f) or 37 CFR 1.55(g) for design applications is also required.
2. When a priority claim under 37 CFR 1.55 was not timely made, but the correction sought would not require further examination.

The MPEP states: “Effective May 13, 2015, 37 CFR 1.55(g) provides that the claim for priority and the certified copy of the foreign application must be filed within the pendency of the application, unless filed with a petition under 37 CFR 1.55(e), (f), or (g) as appropriate. 37 CFR 1.55(g) eliminates the need in many instances to file a reissue application in order to perfect a claim for foreign priority.” (MPEP 216.01)

A certificate of correction can be used to perfect a foreign priority claim in the following scenarios:

1. When the priority claim was timely filed but not included on the patent due to failure to submit a certified copy.
2. When the priority claim was not timely made, but the correction would not require further examination.

To use a certificate of correction, you must:

• File a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
• Include a grantable petition under 37 CFR 1.55(e), (f), or (g) as appropriate.
• Pay the required fee and provide a showing of good and sufficient cause for the delay, if applicable.

The MPEP states: Where the priority claim required under 37 CFR 1.55 was timely filed in the application but was not included on the patent because the requirement under 37 CFR 1.55 for a certified copy was not satisfied, the patent may be corrected to include the priority claim via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, accompanied by a grantable petition under 37 CFR 1.55(f) or, in the case of a design application, a grantable petition under 37 CFR 1.55(g).

No, incorporation by reference under 37 CFR 1.57(b) cannot be used to add material to a granted patent. This provision is only applicable during the application process, before a patent is granted. The MPEP clearly states:

“If, however, an application has been patented, a certificate of correction or a reissue application could not be used to add inadvertently omitted material to that patent via 37 CFR 1.57(b).”

Once a patent has been granted, other mechanisms such as reissue or certificate of correction would need to be considered for making changes or additions to the patent, subject to their own specific requirements and limitations.

To correct assignee information on an issued patent, you must follow these steps:

1. Submit a request for a certificate of correction under 37 CFR 1.323.
2. Ensure that a request under 37 CFR 3.81(b) has been granted.
3. Confirm that the assignment was submitted for recordation before the patent was issued.

According to MPEP 307: “A request for a certificate of correction under 37 CFR 1.323 (see MPEP §§ 1481 and 1485) arising from incomplete or erroneous assignee’s name furnished, or a missing assignee’s name, in item 3 of PTOL-85B will not be granted unless a request under 37 CFR 3.81(b) has been granted and the assignment was submitted for recordation as set forth in 37 CFR 3.11 before the patent issued.”

The request should be directed to the Office of Petitions and include:

• The processing fee required by 37 CFR 1.17(i)
• A request for issuance of the application in the name of the assignee, or a request that a patent be corrected to state the name of the assignee
• A statement that the assignment was submitted for recordation before the patent was issued
• A request for a certificate of correction under 37 CFR 1.323 with the associated fee

For more information on assignee information, visit: assignee information.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on Patent correction, visit: Patent correction.

For more information on USPTO procedures, visit: USPTO procedures.

What happens if there’s an error in the patent grant?

Errors in patent grants are addressed through a specific process outlined in MPEP 308. The manual states:

“If the Office discovers that an error exists in the patent grant, the patentee will be notified and required to submit a request for a certificate of correction.”

This process involves the following steps:

• The USPTO identifies an error in the issued patent
• The patentee is notified of the error
• The patentee must submit a request for a certificate of correction
• The USPTO issues a certificate of correction to rectify the error

It’s important to note that the certificate of correction becomes part of the patent and is treated as such for all purposes. Patentees should carefully review their patent grants upon receipt to identify any errors promptly and initiate the correction process if necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on Patent correction, visit: Patent correction.

For more information on USPTO procedures, visit: USPTO procedures.

What happens if there’s an error in a recorded assignment document?

If an error is discovered in a recorded assignment document, it can be corrected through a Certificate of Correction. The MPEP 302 provides guidance on this process:

“Errors in a recorded assignment document will be corrected by the Assignment Division provided a ‘corrective document’ is submitted. The ‘corrective document’ must include the following: … [list of requirements]”

To correct an error, you need to submit:

• A copy of the original assignment document with the error
• A ‘corrective document’ explaining the nature of the error and the desired correction
• New recordation fee for processing the correction

It’s important to address errors promptly to ensure accurate ownership records. The USPTO will review the correction request and update the assignment records accordingly if approved.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on USPTO, visit: USPTO.

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

For more information on patent issuance, visit: patent issuance.

For more information on reissue, visit: reissue.

If a request for issuance to an assignee is submitted after the issue fee has been paid, the following requirements must be met:

1. Submit a request under 37 CFR 3.81(b)
2. Include a request for a certificate of correction under 37 CFR 1.323
3. Pay the fee for the certificate of correction (set forth in 37 CFR 1.20(a))
4. Pay the processing fee (set forth in 37 CFR 1.17(i))
5. State that the assignment was submitted for recordation before the patent was issued

As stated in MPEP 307: “If a request for issuance to an assignee pursuant to 37 CFR 3.81(b) is submitted after the day on which the issue fee is paid, the request under 37 CFR 3.81(b) must include a request for a certificate of correction under 37 CFR 1.323 (accompanied by the fee set forth in 37 CFR 1.20(a)) and the processing fee set forth in 37 CFR 1.17(i).”

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on issue fee, visit: issue fee.

For more information on patent assignment, visit: patent assignment.

For more information on patent issuance, visit: patent issuance.

Yes, a request for issuance to an assignee can be submitted after the issue fee is paid, but additional requirements apply:

1. The request must state that the assignment was submitted for recordation before patent issuance.
2. It must include a request for a certificate of correction under 37 CFR 1.323.
3. The appropriate fees must be paid, including the certificate of correction fee and a processing fee.

37 CFR 3.81(b) states: Any request for issuance of an application in the name of the assignee submitted after the date of payment of the issue fee, and any request for a patent to be corrected to state the name of the assignee, must state that the assignment was submitted for recordation as set forth in § 3.11 before issuance of the patent, and must include a request for a certificate of correction under § 1.323 of this chapter (accompanied by the fee set forth in § 1.20(a)) and the processing fee set forth in § 1.17(i) of this chapter.

What happens if there’s an error in a recorded assignment document?

If an error is discovered in a recorded assignment document, it can be corrected through a Certificate of Correction. The MPEP 302 provides guidance on this process:

“Errors in a recorded assignment document will be corrected by the Assignment Division provided a ‘corrective document’ is submitted. The ‘corrective document’ must include the following: … [list of requirements]”

To correct an error, you need to submit:

• A copy of the original assignment document with the error
• A ‘corrective document’ explaining the nature of the error and the desired correction
• New recordation fee for processing the correction

It’s important to address errors promptly to ensure accurate ownership records. The USPTO will review the correction request and update the assignment records accordingly if approved.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on USPTO, visit: USPTO.

To correct assignee information on an issued patent, you must follow these steps:

1. Submit a request for a certificate of correction under 37 CFR 1.323.
2. Ensure that a request under 37 CFR 3.81(b) has been granted.
3. Confirm that the assignment was submitted for recordation before the patent was issued.

According to MPEP 307: “A request for a certificate of correction under 37 CFR 1.323 (see MPEP §§ 1481 and 1485) arising from incomplete or erroneous assignee’s name furnished, or a missing assignee’s name, in item 3 of PTOL-85B will not be granted unless a request under 37 CFR 3.81(b) has been granted and the assignment was submitted for recordation as set forth in 37 CFR 3.11 before the patent issued.”

The request should be directed to the Office of Petitions and include:

• The processing fee required by 37 CFR 1.17(i)
• A request for issuance of the application in the name of the assignee, or a request that a patent be corrected to state the name of the assignee
• A statement that the assignment was submitted for recordation before the patent was issued
• A request for a certificate of correction under 37 CFR 1.323 with the associated fee

For more information on assignee information, visit: assignee information.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on Patent correction, visit: Patent correction.

For more information on USPTO procedures, visit: USPTO procedures.

If a request for issuance to an assignee is submitted after the issue fee has been paid, the following requirements must be met:

1. Submit a request under 37 CFR 3.81(b)
2. Include a request for a certificate of correction under 37 CFR 1.323
3. Pay the fee for the certificate of correction (set forth in 37 CFR 1.20(a))
4. Pay the processing fee (set forth in 37 CFR 1.17(i))
5. State that the assignment was submitted for recordation before the patent was issued

As stated in MPEP 307: “If a request for issuance to an assignee pursuant to 37 CFR 3.81(b) is submitted after the day on which the issue fee is paid, the request under 37 CFR 3.81(b) must include a request for a certificate of correction under 37 CFR 1.323 (accompanied by the fee set forth in 37 CFR 1.20(a)) and the processing fee set forth in 37 CFR 1.17(i).”

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on issue fee, visit: issue fee.

For more information on patent assignment, visit: patent assignment.

For more information on patent issuance, visit: patent issuance.

Yes, a request for issuance to an assignee can be submitted after the issue fee is paid, but additional requirements apply:

1. The request must state that the assignment was submitted for recordation before patent issuance.
2. It must include a request for a certificate of correction under 37 CFR 1.323.
3. The appropriate fees must be paid, including the certificate of correction fee and a processing fee.

37 CFR 3.81(b) states: Any request for issuance of an application in the name of the assignee submitted after the date of payment of the issue fee, and any request for a patent to be corrected to state the name of the assignee, must state that the assignment was submitted for recordation as set forth in § 3.11 before issuance of the patent, and must include a request for a certificate of correction under § 1.323 of this chapter (accompanied by the fee set forth in § 1.20(a)) and the processing fee set forth in § 1.17(i) of this chapter.

What happens if there’s an error in the patent grant?

Errors in patent grants are addressed through a specific process outlined in MPEP 308. The manual states:

“If the Office discovers that an error exists in the patent grant, the patentee will be notified and required to submit a request for a certificate of correction.”

This process involves the following steps:

• The USPTO identifies an error in the issued patent
• The patentee is notified of the error
• The patentee must submit a request for a certificate of correction
• The USPTO issues a certificate of correction to rectify the error

It’s important to note that the certificate of correction becomes part of the patent and is treated as such for all purposes. Patentees should carefully review their patent grants upon receipt to identify any errors promptly and initiate the correction process if necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on Patent correction, visit: Patent correction.

For more information on USPTO procedures, visit: USPTO procedures.

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

For more information on patent issuance, visit: patent issuance.

For more information on reissue, visit: reissue.

The certified copy of the foreign application must be filed before the patent is granted. If the certified copy is filed after payment of the issue fee but prior to the date of grant, the priority claim will be placed in the file record but the patent will not include the priority claim unless corrected after the patent is granted using a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.

For applications filed under 35 U.S.C. 111(a) (other than design applications), a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim must also be filed with the certificate of correction. For all applications, a grantable petition under 37 CFR 1.55(f) or (g) must also be filed with the certificate of correction unless the priority claim was timely made but a certified copy was not yet in the file. See MPEP 215.03.

A Certificate of Correction is appropriate for perfecting a foreign priority claim in the following situations:

1. When the priority claim was timely filed in the application but was not included on the patent because the requirement for a certified copy was not satisfied. In this case, a grantable petition under 37 CFR 1.55(f) or 37 CFR 1.55(g) for design applications is also required.
2. When a priority claim under 37 CFR 1.55 was not timely made, but the correction sought would not require further examination.

The MPEP states: “Effective May 13, 2015, 37 CFR 1.55(g) provides that the claim for priority and the certified copy of the foreign application must be filed within the pendency of the application, unless filed with a petition under 37 CFR 1.55(e), (f), or (g) as appropriate. 37 CFR 1.55(g) eliminates the need in many instances to file a reissue application in order to perfect a claim for foreign priority.” (MPEP 216.01)

If there is an error in the pre-printed prior application data on the bib-data sheet:

• The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error.
• A petition for an unintentionally delayed benefit claim may also be required.
• If appropriate, the correction or entry of the data can be made by technical support staff of the Technology Center.

See MPEP 601.05 and MPEP 211.02(a) for more details.

If an inventor’s name has changed after filing a patent application, you should follow these steps:

• File a request for a certificate of correction under 37 CFR 1.323 or 37 CFR 1.324.
• Provide appropriate documentary evidence of the name change.
• Pay the required fee for the certificate of correction.

According to MPEP 602.08(a): In the event an inventor’s name has been changed after the application has been filed and the inventor desires to change his or her name on the application, he or she must submit a petition under 37 CFR 1.182.

To learn more:

• inventor name change
• certificate of correction
• patent application

The timeliness requirement for priority documents in the PDX program is crucial for patent applicants. MPEP 215.02(a) states:

“If the priority document is retrieved after the application is allowed, the patent will not include the priority claim unless the applicant promptly files a request for a Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323.”

Key points about the timeliness requirement:

• Priority documents should be retrieved before the application is allowed
• If retrieved after allowance, a Certificate of Correction is required
• Applicants should monitor the retrieval status and take action if necessary

To learn more:

• timeliness requirement
• PDX program
• priority documents
• patent allowance
• Certificate of Correction

To correct assignee information on an issued patent, you must follow these steps:

1. Submit a request for a certificate of correction under 37 CFR 1.323.
2. Ensure that a request under 37 CFR 3.81(b) has been granted.
3. Confirm that the assignment was submitted for recordation before the patent was issued.

According to MPEP 307: “A request for a certificate of correction under 37 CFR 1.323 (see MPEP §§ 1481 and 1485) arising from incomplete or erroneous assignee’s name furnished, or a missing assignee’s name, in item 3 of PTOL-85B will not be granted unless a request under 37 CFR 3.81(b) has been granted and the assignment was submitted for recordation as set forth in 37 CFR 3.11 before the patent issued.”

The request should be directed to the Office of Petitions and include:

• The processing fee required by 37 CFR 1.17(i)
• A request for issuance of the application in the name of the assignee, or a request that a patent be corrected to state the name of the assignee
• A statement that the assignment was submitted for recordation before the patent was issued
• A request for a certificate of correction under 37 CFR 1.323 with the associated fee

For more information on assignee information, visit: assignee information.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on Patent correction, visit: Patent correction.

For more information on USPTO procedures, visit: USPTO procedures.

If a priority claim needs to be corrected after a patent has been issued, it must be done through a certificate of correction. The MPEP Section 213.04 states:

“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 § 1.323.”

To obtain a certificate of correction, the patent owner must file a request with the USPTO, pay the required fee, and provide a statement explaining the error and how it occurred. The USPTO will then review the request and, if approved, issue a certificate of correction to be attached to the patent.

To learn more:

• certificate of correction
• priority claim correction
• post-grant correction
• patent amendment

Adding a benefit claim after the time period required by 37 CFR 1.78 requires a petition and the petition fee. As stated in MPEP § 211.04:

Any petition under 37 CFR 1.78 must be accompanied by a corrected ADS in compliance with 37 CFR 1.76(c) (for applications filed on or after September 16, 2012), or by an amendment to the specification or a supplemental ADS in compliance with pre-AIA 37 CFR 1.76(c) (for applications filed prior to September 16, 2012) unless the proper reference was previously submitted.

In addition to the petition and ADS or amendment, you may need to file one of the following, depending on the status of your application:

• A request for continued examination (RCE) under 37 CFR 1.114, if the application is under final rejection or has been allowed.
• A reissue application or a request for a certificate of correction under 37 CFR 1.323, if the application has already issued as a patent.

It’s important to note that when adding a benefit claim after filing, you cannot include an incorporation by reference statement of the prior application unless such a statement was present upon the initial filing of the application.

To learn more:

• benefit claim
• petition
• ADS
• RCE
• reissue application
• certificate of correction

What happens if there’s an error in the patent grant?

Errors in patent grants are addressed through a specific process outlined in MPEP 308. The manual states:

“If the Office discovers that an error exists in the patent grant, the patentee will be notified and required to submit a request for a certificate of correction.”

This process involves the following steps:

• The USPTO identifies an error in the issued patent
• The patentee is notified of the error
• The patentee must submit a request for a certificate of correction
• The USPTO issues a certificate of correction to rectify the error

It’s important to note that the certificate of correction becomes part of the patent and is treated as such for all purposes. Patentees should carefully review their patent grants upon receipt to identify any errors promptly and initiate the correction process if necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on Patent correction, visit: Patent correction.

For more information on USPTO procedures, visit: USPTO procedures.

What happens if there’s an error in a recorded assignment document?

If an error is discovered in a recorded assignment document, it can be corrected through a Certificate of Correction. The MPEP 302 provides guidance on this process:

“Errors in a recorded assignment document will be corrected by the Assignment Division provided a ‘corrective document’ is submitted. The ‘corrective document’ must include the following: … [list of requirements]”

To correct an error, you need to submit:

• A copy of the original assignment document with the error
• A ‘corrective document’ explaining the nature of the error and the desired correction
• New recordation fee for processing the correction

It’s important to address errors promptly to ensure accurate ownership records. The USPTO will review the correction request and update the assignment records accordingly if approved.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on USPTO, visit: USPTO.

If the certified copy of the foreign application is filed after the issue fee is paid but before the patent is granted, the following occurs:

• The priority claim or certified copy will be placed in the file record
• There will be no review of the papers
• The published patent will not include the priority claim

To have the priority claim considered after publication, a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323 must be filed. For original applications filed under 35 U.S.C. 111(a), additional requirements may apply, such as a petition to accept an unintentionally delayed priority claim.

This is outlined in MPEP 215.03.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on certified copy, visit: certified copy.

For more information on issue fee, visit: issue fee.

If the certified copy of the foreign application is filed after the date the issue fee is paid but prior to the date of grant of the patent, it will be placed in the file record but there will be no review of the papers. The patent when published will not include the priority claim. A certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323 can be filed to have the priority claim considered after publication of the patent.

What happens if I need to change the order of benefit claims in my patent application?

Changing the order of benefit claims in a patent application requires specific actions, as outlined in MPEP 211.02(a):

“If applicant needs to change the order of benefit claims presented in an application data sheet or patent, applicant must file a corrected application data sheet under 37 CFR 1.76(c) or a Certificate of Correction, as appropriate.”

The method you choose depends on the status of your application:

• For pending applications: File a corrected Application Data Sheet (ADS) under 37 CFR 1.76(c).
• For issued patents: File a Certificate of Correction.

It’s important to note that changing the order of benefit claims may affect the effective filing date of your application, which could impact patentability considerations.

To learn more:

• benefit claims
• order change
• Application Data Sheet
• Certificate of Correction
• patent application

What happens if I fail to file a priority claim within the time period set in 37 CFR 1.55?

If you fail to file a priority claim within the time period set in 37 CFR 1.55, your priority claim will be considered waived. The MPEP states: ‘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.’ This means that if you miss the deadline, you may lose the benefit of the earlier filing date, which could potentially affect the patentability of your invention if intervening prior art exists.

To learn more:

• priority claim
• filing deadline
• 37 CFR 1.55
• certificate of correction

To learn more:

• 37 CFR 1.55

If a priority claim or the certified copy of a foreign application is filed after the issue fee is paid, it will not automatically be included in the patent. The MPEP Section 213.04 states:

“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 § 1.323.”

This means that to include the priority claim in the patent after the issue fee is paid, the applicant must request a certificate of correction, which may involve additional fees and processing time.

To learn more:

• priority claim
• issue fee
• certificate of correction
• patent correction

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

For more information on patent issuance, visit: patent issuance.

For more information on reissue, visit: reissue.

If a request for issuance to an assignee is submitted after the issue fee has been paid, the following requirements must be met:

1. Submit a request under 37 CFR 3.81(b)
2. Include a request for a certificate of correction under 37 CFR 1.323
3. Pay the fee for the certificate of correction (set forth in 37 CFR 1.20(a))
4. Pay the processing fee (set forth in 37 CFR 1.17(i))
5. State that the assignment was submitted for recordation before the patent was issued

As stated in MPEP 307: “If a request for issuance to an assignee pursuant to 37 CFR 3.81(b) is submitted after the day on which the issue fee is paid, the request under 37 CFR 3.81(b) must include a request for a certificate of correction under 37 CFR 1.323 (accompanied by the fee set forth in 37 CFR 1.20(a)) and the processing fee set forth in 37 CFR 1.17(i).”

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on issue fee, visit: issue fee.

For more information on patent assignment, visit: patent assignment.

For more information on patent issuance, visit: patent issuance.

To file a certificate of correction to perfect a foreign priority claim, you must meet the following requirements:

1. The priority claim under 37 CFR 1.55 was timely filed in the application but was not included on the patent due to failure to provide a certified copy.
2. A grantable petition under 37 CFR 1.55(f) or (g) must be filed, which includes:
   • The fee set forth in 37 CFR 1.17(g)
   • A showing of good and sufficient cause for the delay in filing the certified copy
3. The correction must not require further examination.

As stated in the MPEP, Where the priority claim required under 37 CFR 1.55 was timely filed in the application but was not included on the patent because the requirement under 37 CFR 1.55 for a certified copy was not satisfied, the patent may be corrected to include the priority claim via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, accompanied by a grantable petition under 37 CFR 1.55(f) or, in the case of a design application, a grantable petition under 37 CFR 1.55(g).

To learn more:

• certificate of correction
• foreign priority claim
• patent correction
• 37 CFR 1.55

To learn more:

• 37 CFR 1.55

A certificate of correction can be used to perfect a foreign priority claim in the following scenarios:

1. When the priority claim was timely filed but not included on the patent due to failure to submit a certified copy.
2. When the priority claim was not timely made, but the correction would not require further examination.

To use a certificate of correction, you must:

• File a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
• Include a grantable petition under 37 CFR 1.55(e), (f), or (g) as appropriate.
• Pay the required fee and provide a showing of good and sufficient cause for the delay, if applicable.

The MPEP states: Where the priority claim required under 37 CFR 1.55 was timely filed in the application but was not included on the patent because the requirement under 37 CFR 1.55 for a certified copy was not satisfied, the patent may be corrected to include the priority claim via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, accompanied by a grantable petition under 37 CFR 1.55(f) or, in the case of a design application, a grantable petition under 37 CFR 1.55(g).

No, incorporation by reference under 37 CFR 1.57(b) cannot be used to add material to a granted patent. This provision is only applicable during the application process, before a patent is granted. The MPEP clearly states:

“If, however, an application has been patented, a certificate of correction or a reissue application could not be used to add inadvertently omitted material to that patent via 37 CFR 1.57(b).”

Once a patent has been granted, other mechanisms such as reissue or certificate of correction would need to be considered for making changes or additions to the patent, subject to their own specific requirements and limitations.

Can I request a certificate of correction for a priority claim after my patent has issued?

Yes, you can request a certificate of correction for a priority claim after your patent has issued, but only under specific circumstances. According to MPEP 213.04: ‘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.’ However, it’s important to note that this correction is only possible if the failure to make the timely claim was through error and without deceptive intent. You’ll need to file a petition for a certificate of correction along with the required fee and evidence supporting your claim.

To learn more:

• certificate of correction
• priority claim
• issued patent
• 35 U.S.C. 255
• 37 CFR 1.323

To learn more:

• 35 U.S.C. 255
• 37 CFR 1.323

Yes, you can perfect a claim for foreign priority after your patent has been issued. There are two main methods:

1. Certificate of Correction: This is generally the preferred method if the requirements of 37 CFR 1.55 are met and no further examination is required. As stated in the MPEP, Except in certain situations, a certificate of correction can generally be used to perfect a claim to foreign priority where a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim is filed with a request for a certificate of correction in an issued patent.
2. Reissue Application: This method is necessary in situations where further examination would be required or when the requirements of 35 U.S.C. 119(a)-(d) or (f) were not satisfied in the patented application or its parent prior to issuance.

To learn more:

• foreign priority
• patent correction
• certificate of correction
• reissue application

Yes, you can file a foreign priority claim after your patent has been granted, but it requires additional steps:

1. File a petition under 37 CFR 1.55(e) for an unintentionally delayed priority claim
2. Submit a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323
3. Pay the required petition and certificate of correction fees

MPEP 214.02 states: “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).”

Can I file a certified copy of a foreign application after paying the issue fee?

Yes, you can file a certified copy of a foreign application after paying the issue fee, but there are important considerations. According to MPEP 213.04, “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.” This means that while you can still file the certified copy, it won’t automatically be included in your patent. You would need to request a certificate of correction after the patent issues to have the priority claim recognized. It’s always best to file the certified copy before paying the issue fee to avoid this additional step and potential complications.

To learn more:

• certified copy
• foreign application
• issue fee
• certificate of correction

Yes, a request for issuance to an assignee can be submitted after the issue fee is paid, but additional requirements apply:

1. The request must state that the assignment was submitted for recordation before patent issuance.
2. It must include a request for a certificate of correction under 37 CFR 1.323.
3. The appropriate fees must be paid, including the certificate of correction fee and a processing fee.

37 CFR 3.81(b) states: Any request for issuance of an application in the name of the assignee submitted after the date of payment of the issue fee, and any request for a patent to be corrected to state the name of the assignee, must state that the assignment was submitted for recordation as set forth in § 3.11 before issuance of the patent, and must include a request for a certificate of correction under § 1.323 of this chapter (accompanied by the fee set forth in § 1.20(a)) and the processing fee set forth in § 1.17(i) of this chapter.

Can a priority claim be corrected after the patent has been issued?

Yes, it is possible to correct a priority claim after a patent has been issued, but the process is more complex and limited compared to correcting a priority claim in a pending application.

According to MPEP 214.02: ‘For a correction of foreign priority claim after issuance of a patent, see MPEP § 216.01.’

To correct a priority claim in an issued patent, the following steps are typically required:

• File a petition for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
• Pay the required fee.
• Provide a statement that the error occurred without deceptive intent.
• Submit evidence to support the correction, such as a certified copy of the priority document.

It’s important to note that the scope for correcting priority claims in issued patents is more limited than in pending applications. The correction must not involve a change that would broaden the scope of the claims of the issued patent.

For more detailed information on correcting foreign priority claims after patent issuance, refer to MPEP § 216.01.

To learn more:

• priority claim correction
• issued patent
• USPTO
• certificate of correction

Yes, a petition for an unintentionally delayed priority claim can be filed after a patent issues, but it requires a different procedure. According to MPEP 214.02:

For applications that have issued as patents, a petition filed under 37 CFR 1.55(e) or 1.78(c) and (e) may be filed as a reissue application, a request for certificate of correction under 37 CFR 1.323, or a petition under 37 CFR 1.78(a) and (b) or 1.55(g), as appropriate.

This means that after a patent has issued, the options for correcting a priority claim are:

• Filing a reissue application
• Requesting a certificate of correction
• Filing a petition under specific regulations

The appropriate method depends on the specific circumstances and the type of priority claim being corrected. It’s important to note that each of these options has its own requirements and limitations. For example, a certificate of correction is generally only available for minor errors that are clerical or typographical in nature.

Given the complexity of post-issuance corrections, it’s advisable to consult with a patent attorney or agent to determine the best course of action for your specific situation.

To learn more:

• unintentionally delayed priority claim
• post-issuance correction
• reissue application
• certificate of correction

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

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:

• delayed priority claim
• post-grant correction
• certificate of correction
• patent procedure

Yes, a delayed priority claim can be accepted after patent issuance, but the process is more complex and requires a certificate of correction. According to MPEP 214.02:

For utility and plant applications filed on or after November 29, 2000, the failure to timely file a priority claim because of an error in a foreign priority claim may be corrected pursuant to 37 CFR 1.55(g). The failure to timely file a priority claim to an earlier filed application may be corrected pursuant to 37 CFR 1.78(c) and (e).

To correct a delayed priority claim after patent issuance:

• File a petition under 37 CFR 1.55(e) or 37 CFR 1.78(c) and (e), as appropriate.
• Submit a request for a certificate of correction under 37 CFR 1.323.
• Pay the required fees for both the petition and the certificate of correction.
• Provide a statement of unintentional delay covering the entire period of delay.

It’s important to note that the standards for accepting a delayed priority claim after issuance are typically higher, and the USPTO may require a more detailed explanation of the circumstances surrounding the delay.

To learn more:

• delayed priority claim
• patent issuance
• certificate of correction
• MPEP 214.02

To learn more:

• MPEP 214.02

Yes, delayed benefit claims can be filed for design applications. The MPEP 211.04 provides specific information about this:

“Effective May 13, 2015, 37 CFR 1.78(d)(3) was amended to make the procedures under 37 CFR 1.78(e) to accept an unintentionally delayed benefit claim applicable to design applications where the benefit claim was not submitted during the pendency of the design application. Thus, a petition under 37 CFR 1.78(e) may be filed along with a request for certificate of correction after patent grant.”

This means that for design applications, it’s possible to file a petition for a delayed benefit claim even after the patent has been granted, along with a request for a certificate of correction.

To learn more:

• design applications
• delayed benefit claim
• certificate of correction
• patent grant

No, a delayed benefit claim cannot be accepted after the patent has issued. The MPEP 211.04 clearly states:

“A petition under 37 CFR 1.78 to accept an unintentionally delayed claim for the benefit of a prior-filed application will not be granted in an issued patent.”

This means that once a patent has been granted, it is no longer possible to add or correct benefit claims through the petition process. The opportunity to make such changes ends when the patent issues.

If an applicant discovers after issuance that a benefit claim was not properly made or was omitted, they may have limited options:

• Consider filing a reissue application to correct the error, if it qualifies as an error correctable by reissue.
• In some cases, a certificate of correction might be appropriate, but this is generally limited to typographical or clerical errors.

It’s crucial for applicants to ensure all desired benefit claims are properly made and recorded before the patent issues to avoid complications and potential loss of priority rights.

To learn more:

• delayed benefit claim
• issued patent
• petition limitations
• reissue application
• certificate of correction

Can a Certificate of Correction be used to add or correct a benefit claim after patent grant?

The use of a Certificate of Correction to add or correct a benefit claim after patent grant depends on the type of patent. According to MPEP 211.02(a):

“For utility and plant applications, a Certificate of Correction can be used to correct the failure to adequately claim priority under 35 U.S.C. 119(e) or 120 in the application as filed if the application was filed within the required time period. However, for design applications, an application may be amended to claim priority to or the benefit of a prior-filed application after the application issues as a patent by filing a reissue application.”

This means:

• For utility and plant patents: A Certificate of Correction can be used to add or correct a benefit claim after patent grant, provided the application was filed within the required time period.
• For design patents: A Certificate of Correction cannot be used. Instead, a reissue application must be filed to add or correct a benefit claim after patent grant.

It’s important to note that the option to use a Certificate of Correction for utility and plant patents is subject to specific conditions and time limitations. Always consult the current MPEP and seek legal advice if necessary.

To learn more:

• Certificate of Correction
• benefit claim
• utility patent
• plant patent
• design patent

The certified copy of the foreign application must be filed before the patent is granted. If the certified copy is filed after payment of the issue fee but prior to the date of grant, the priority claim will be placed in the file record but the patent will not include the priority claim unless corrected after the patent is granted using a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.

For applications filed under 35 U.S.C. 111(a) (other than design applications), a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim must also be filed with the certificate of correction. For all applications, a grantable petition under 37 CFR 1.55(f) or (g) must also be filed with the certificate of correction unless the priority claim was timely made but a certified copy was not yet in the file. See MPEP 215.03.

A Certificate of Correction is appropriate for perfecting a foreign priority claim in the following situations:

1. When the priority claim was timely filed in the application but was not included on the patent because the requirement for a certified copy was not satisfied. In this case, a grantable petition under 37 CFR 1.55(f) or 37 CFR 1.55(g) for design applications is also required.
2. When a priority claim under 37 CFR 1.55 was not timely made, but the correction sought would not require further examination.

The MPEP states: “Effective May 13, 2015, 37 CFR 1.55(g) provides that the claim for priority and the certified copy of the foreign application must be filed within the pendency of the application, unless filed with a petition under 37 CFR 1.55(e), (f), or (g) as appropriate. 37 CFR 1.55(g) eliminates the need in many instances to file a reissue application in order to perfect a claim for foreign priority.” (MPEP 216.01)

If there is an error in the pre-printed prior application data on the bib-data sheet:

• The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error.
• A petition for an unintentionally delayed benefit claim may also be required.
• If appropriate, the correction or entry of the data can be made by technical support staff of the Technology Center.

See MPEP 601.05 and MPEP 211.02(a) for more details.

If an inventor’s name has changed after filing a patent application, you should follow these steps:

• File a request for a certificate of correction under 37 CFR 1.323 or 37 CFR 1.324.
• Provide appropriate documentary evidence of the name change.
• Pay the required fee for the certificate of correction.

According to MPEP 602.08(a): In the event an inventor’s name has been changed after the application has been filed and the inventor desires to change his or her name on the application, he or she must submit a petition under 37 CFR 1.182.

To learn more:

• inventor name change
• certificate of correction
• patent application

The timeliness requirement for priority documents in the PDX program is crucial for patent applicants. MPEP 215.02(a) states:

“If the priority document is retrieved after the application is allowed, the patent will not include the priority claim unless the applicant promptly files a request for a Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323.”

Key points about the timeliness requirement:

• Priority documents should be retrieved before the application is allowed
• If retrieved after allowance, a Certificate of Correction is required
• Applicants should monitor the retrieval status and take action if necessary

To learn more:

• timeliness requirement
• PDX program
• priority documents
• patent allowance
• Certificate of Correction

To correct assignee information on an issued patent, you must follow these steps:

1. Submit a request for a certificate of correction under 37 CFR 1.323.
2. Ensure that a request under 37 CFR 3.81(b) has been granted.
3. Confirm that the assignment was submitted for recordation before the patent was issued.

According to MPEP 307: “A request for a certificate of correction under 37 CFR 1.323 (see MPEP §§ 1481 and 1485) arising from incomplete or erroneous assignee’s name furnished, or a missing assignee’s name, in item 3 of PTOL-85B will not be granted unless a request under 37 CFR 3.81(b) has been granted and the assignment was submitted for recordation as set forth in 37 CFR 3.11 before the patent issued.”

The request should be directed to the Office of Petitions and include:

• The processing fee required by 37 CFR 1.17(i)
• A request for issuance of the application in the name of the assignee, or a request that a patent be corrected to state the name of the assignee
• A statement that the assignment was submitted for recordation before the patent was issued
• A request for a certificate of correction under 37 CFR 1.323 with the associated fee

For more information on assignee information, visit: assignee information.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on Patent correction, visit: Patent correction.

For more information on USPTO procedures, visit: USPTO procedures.

If a priority claim needs to be corrected after a patent has been issued, it must be done through a certificate of correction. The MPEP Section 213.04 states:

“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 § 1.323.”

To obtain a certificate of correction, the patent owner must file a request with the USPTO, pay the required fee, and provide a statement explaining the error and how it occurred. The USPTO will then review the request and, if approved, issue a certificate of correction to be attached to the patent.

To learn more:

• certificate of correction
• priority claim correction
• post-grant correction
• patent amendment

Adding a benefit claim after the time period required by 37 CFR 1.78 requires a petition and the petition fee. As stated in MPEP § 211.04:

Any petition under 37 CFR 1.78 must be accompanied by a corrected ADS in compliance with 37 CFR 1.76(c) (for applications filed on or after September 16, 2012), or by an amendment to the specification or a supplemental ADS in compliance with pre-AIA 37 CFR 1.76(c) (for applications filed prior to September 16, 2012) unless the proper reference was previously submitted.

In addition to the petition and ADS or amendment, you may need to file one of the following, depending on the status of your application:

• A request for continued examination (RCE) under 37 CFR 1.114, if the application is under final rejection or has been allowed.
• A reissue application or a request for a certificate of correction under 37 CFR 1.323, if the application has already issued as a patent.

It’s important to note that when adding a benefit claim after filing, you cannot include an incorporation by reference statement of the prior application unless such a statement was present upon the initial filing of the application.

To learn more:

• benefit claim
• petition
• ADS
• RCE
• reissue application
• certificate of correction

What happens if there’s an error in the patent grant?

Errors in patent grants are addressed through a specific process outlined in MPEP 308. The manual states:

“If the Office discovers that an error exists in the patent grant, the patentee will be notified and required to submit a request for a certificate of correction.”

This process involves the following steps:

• The USPTO identifies an error in the issued patent
• The patentee is notified of the error
• The patentee must submit a request for a certificate of correction
• The USPTO issues a certificate of correction to rectify the error

It’s important to note that the certificate of correction becomes part of the patent and is treated as such for all purposes. Patentees should carefully review their patent grants upon receipt to identify any errors promptly and initiate the correction process if necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on Patent correction, visit: Patent correction.

For more information on USPTO procedures, visit: USPTO procedures.

What happens if there’s an error in a recorded assignment document?

If an error is discovered in a recorded assignment document, it can be corrected through a Certificate of Correction. The MPEP 302 provides guidance on this process:

“Errors in a recorded assignment document will be corrected by the Assignment Division provided a ‘corrective document’ is submitted. The ‘corrective document’ must include the following: … [list of requirements]”

To correct an error, you need to submit:

• A copy of the original assignment document with the error
• A ‘corrective document’ explaining the nature of the error and the desired correction
• New recordation fee for processing the correction

It’s important to address errors promptly to ensure accurate ownership records. The USPTO will review the correction request and update the assignment records accordingly if approved.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on USPTO, visit: USPTO.

If the certified copy of the foreign application is filed after the issue fee is paid but before the patent is granted, the following occurs:

• The priority claim or certified copy will be placed in the file record
• There will be no review of the papers
• The published patent will not include the priority claim

To have the priority claim considered after publication, a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323 must be filed. For original applications filed under 35 U.S.C. 111(a), additional requirements may apply, such as a petition to accept an unintentionally delayed priority claim.

This is outlined in MPEP 215.03.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on certified copy, visit: certified copy.

For more information on issue fee, visit: issue fee.

If the certified copy of the foreign application is filed after the date the issue fee is paid but prior to the date of grant of the patent, it will be placed in the file record but there will be no review of the papers. The patent when published will not include the priority claim. A certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323 can be filed to have the priority claim considered after publication of the patent.

What happens if I need to change the order of benefit claims in my patent application?

Changing the order of benefit claims in a patent application requires specific actions, as outlined in MPEP 211.02(a):

“If applicant needs to change the order of benefit claims presented in an application data sheet or patent, applicant must file a corrected application data sheet under 37 CFR 1.76(c) or a Certificate of Correction, as appropriate.”

The method you choose depends on the status of your application:

• For pending applications: File a corrected Application Data Sheet (ADS) under 37 CFR 1.76(c).
• For issued patents: File a Certificate of Correction.

It’s important to note that changing the order of benefit claims may affect the effective filing date of your application, which could impact patentability considerations.

To learn more:

• benefit claims
• order change
• Application Data Sheet
• Certificate of Correction
• patent application

What happens if I fail to file a priority claim within the time period set in 37 CFR 1.55?

If you fail to file a priority claim within the time period set in 37 CFR 1.55, your priority claim will be considered waived. The MPEP states: ‘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.’ This means that if you miss the deadline, you may lose the benefit of the earlier filing date, which could potentially affect the patentability of your invention if intervening prior art exists.

To learn more:

• priority claim
• filing deadline
• 37 CFR 1.55
• certificate of correction

To learn more:

• 37 CFR 1.55

If a priority claim or the certified copy of a foreign application is filed after the issue fee is paid, it will not automatically be included in the patent. The MPEP Section 213.04 states:

“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 § 1.323.”

This means that to include the priority claim in the patent after the issue fee is paid, the applicant must request a certificate of correction, which may involve additional fees and processing time.

To learn more:

• priority claim
• issue fee
• certificate of correction
• patent correction

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

For more information on patent issuance, visit: patent issuance.

For more information on reissue, visit: reissue.

If a request for issuance to an assignee is submitted after the issue fee has been paid, the following requirements must be met:

1. Submit a request under 37 CFR 3.81(b)
2. Include a request for a certificate of correction under 37 CFR 1.323
3. Pay the fee for the certificate of correction (set forth in 37 CFR 1.20(a))
4. Pay the processing fee (set forth in 37 CFR 1.17(i))
5. State that the assignment was submitted for recordation before the patent was issued

As stated in MPEP 307: “If a request for issuance to an assignee pursuant to 37 CFR 3.81(b) is submitted after the day on which the issue fee is paid, the request under 37 CFR 3.81(b) must include a request for a certificate of correction under 37 CFR 1.323 (accompanied by the fee set forth in 37 CFR 1.20(a)) and the processing fee set forth in 37 CFR 1.17(i).”

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on issue fee, visit: issue fee.

For more information on patent assignment, visit: patent assignment.

For more information on patent issuance, visit: patent issuance.

To file a certificate of correction to perfect a foreign priority claim, you must meet the following requirements:

1. The priority claim under 37 CFR 1.55 was timely filed in the application but was not included on the patent due to failure to provide a certified copy.
2. A grantable petition under 37 CFR 1.55(f) or (g) must be filed, which includes:
   • The fee set forth in 37 CFR 1.17(g)
   • A showing of good and sufficient cause for the delay in filing the certified copy
3. The correction must not require further examination.

As stated in the MPEP, Where the priority claim required under 37 CFR 1.55 was timely filed in the application but was not included on the patent because the requirement under 37 CFR 1.55 for a certified copy was not satisfied, the patent may be corrected to include the priority claim via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, accompanied by a grantable petition under 37 CFR 1.55(f) or, in the case of a design application, a grantable petition under 37 CFR 1.55(g).

To learn more:

• certificate of correction
• foreign priority claim
• patent correction
• 37 CFR 1.55

To learn more:

• 37 CFR 1.55

A certificate of correction can be used to perfect a foreign priority claim in the following scenarios:

1. When the priority claim was timely filed but not included on the patent due to failure to submit a certified copy.
2. When the priority claim was not timely made, but the correction would not require further examination.

To use a certificate of correction, you must:

• File a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
• Include a grantable petition under 37 CFR 1.55(e), (f), or (g) as appropriate.
• Pay the required fee and provide a showing of good and sufficient cause for the delay, if applicable.

The MPEP states: Where the priority claim required under 37 CFR 1.55 was timely filed in the application but was not included on the patent because the requirement under 37 CFR 1.55 for a certified copy was not satisfied, the patent may be corrected to include the priority claim via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, accompanied by a grantable petition under 37 CFR 1.55(f) or, in the case of a design application, a grantable petition under 37 CFR 1.55(g).

No, incorporation by reference under 37 CFR 1.57(b) cannot be used to add material to a granted patent. This provision is only applicable during the application process, before a patent is granted. The MPEP clearly states:

“If, however, an application has been patented, a certificate of correction or a reissue application could not be used to add inadvertently omitted material to that patent via 37 CFR 1.57(b).”

Once a patent has been granted, other mechanisms such as reissue or certificate of correction would need to be considered for making changes or additions to the patent, subject to their own specific requirements and limitations.

Can I request a certificate of correction for a priority claim after my patent has issued?

Yes, you can request a certificate of correction for a priority claim after your patent has issued, but only under specific circumstances. According to MPEP 213.04: ‘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.’ However, it’s important to note that this correction is only possible if the failure to make the timely claim was through error and without deceptive intent. You’ll need to file a petition for a certificate of correction along with the required fee and evidence supporting your claim.

To learn more:

• certificate of correction
• priority claim
• issued patent
• 35 U.S.C. 255
• 37 CFR 1.323

To learn more:

• 35 U.S.C. 255
• 37 CFR 1.323

Yes, you can perfect a claim for foreign priority after your patent has been issued. There are two main methods:

1. Certificate of Correction: This is generally the preferred method if the requirements of 37 CFR 1.55 are met and no further examination is required. As stated in the MPEP, Except in certain situations, a certificate of correction can generally be used to perfect a claim to foreign priority where a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim is filed with a request for a certificate of correction in an issued patent.
2. Reissue Application: This method is necessary in situations where further examination would be required or when the requirements of 35 U.S.C. 119(a)-(d) or (f) were not satisfied in the patented application or its parent prior to issuance.

To learn more:

• foreign priority
• patent correction
• certificate of correction
• reissue application

Yes, you can file a foreign priority claim after your patent has been granted, but it requires additional steps:

1. File a petition under 37 CFR 1.55(e) for an unintentionally delayed priority claim
2. Submit a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323
3. Pay the required petition and certificate of correction fees

MPEP 214.02 states: “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).”

Can I file a certified copy of a foreign application after paying the issue fee?

Yes, you can file a certified copy of a foreign application after paying the issue fee, but there are important considerations. According to MPEP 213.04, “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.” This means that while you can still file the certified copy, it won’t automatically be included in your patent. You would need to request a certificate of correction after the patent issues to have the priority claim recognized. It’s always best to file the certified copy before paying the issue fee to avoid this additional step and potential complications.

To learn more:

• certified copy
• foreign application
• issue fee
• certificate of correction

Yes, a request for issuance to an assignee can be submitted after the issue fee is paid, but additional requirements apply:

1. The request must state that the assignment was submitted for recordation before patent issuance.
2. It must include a request for a certificate of correction under 37 CFR 1.323.
3. The appropriate fees must be paid, including the certificate of correction fee and a processing fee.

37 CFR 3.81(b) states: Any request for issuance of an application in the name of the assignee submitted after the date of payment of the issue fee, and any request for a patent to be corrected to state the name of the assignee, must state that the assignment was submitted for recordation as set forth in § 3.11 before issuance of the patent, and must include a request for a certificate of correction under § 1.323 of this chapter (accompanied by the fee set forth in § 1.20(a)) and the processing fee set forth in § 1.17(i) of this chapter.

Can a priority claim be corrected after the patent has been issued?

Yes, it is possible to correct a priority claim after a patent has been issued, but the process is more complex and limited compared to correcting a priority claim in a pending application.

According to MPEP 214.02: ‘For a correction of foreign priority claim after issuance of a patent, see MPEP § 216.01.’

To correct a priority claim in an issued patent, the following steps are typically required:

• File a petition for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
• Pay the required fee.
• Provide a statement that the error occurred without deceptive intent.
• Submit evidence to support the correction, such as a certified copy of the priority document.

It’s important to note that the scope for correcting priority claims in issued patents is more limited than in pending applications. The correction must not involve a change that would broaden the scope of the claims of the issued patent.

For more detailed information on correcting foreign priority claims after patent issuance, refer to MPEP § 216.01.

To learn more:

• priority claim correction
• issued patent
• USPTO
• certificate of correction

Yes, a petition for an unintentionally delayed priority claim can be filed after a patent issues, but it requires a different procedure. According to MPEP 214.02:

For applications that have issued as patents, a petition filed under 37 CFR 1.55(e) or 1.78(c) and (e) may be filed as a reissue application, a request for certificate of correction under 37 CFR 1.323, or a petition under 37 CFR 1.78(a) and (b) or 1.55(g), as appropriate.

This means that after a patent has issued, the options for correcting a priority claim are:

• Filing a reissue application
• Requesting a certificate of correction
• Filing a petition under specific regulations

The appropriate method depends on the specific circumstances and the type of priority claim being corrected. It’s important to note that each of these options has its own requirements and limitations. For example, a certificate of correction is generally only available for minor errors that are clerical or typographical in nature.

Given the complexity of post-issuance corrections, it’s advisable to consult with a patent attorney or agent to determine the best course of action for your specific situation.

To learn more:

• unintentionally delayed priority claim
• post-issuance correction
• reissue application
• certificate of correction

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

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:

• delayed priority claim
• post-grant correction
• certificate of correction
• patent procedure

Yes, a delayed priority claim can be accepted after patent issuance, but the process is more complex and requires a certificate of correction. According to MPEP 214.02:

For utility and plant applications filed on or after November 29, 2000, the failure to timely file a priority claim because of an error in a foreign priority claim may be corrected pursuant to 37 CFR 1.55(g). The failure to timely file a priority claim to an earlier filed application may be corrected pursuant to 37 CFR 1.78(c) and (e).

To correct a delayed priority claim after patent issuance:

• File a petition under 37 CFR 1.55(e) or 37 CFR 1.78(c) and (e), as appropriate.
• Submit a request for a certificate of correction under 37 CFR 1.323.
• Pay the required fees for both the petition and the certificate of correction.
• Provide a statement of unintentional delay covering the entire period of delay.

It’s important to note that the standards for accepting a delayed priority claim after issuance are typically higher, and the USPTO may require a more detailed explanation of the circumstances surrounding the delay.

To learn more:

• delayed priority claim
• patent issuance
• certificate of correction
• MPEP 214.02

To learn more:

• MPEP 214.02

Yes, delayed benefit claims can be filed for design applications. The MPEP 211.04 provides specific information about this:

“Effective May 13, 2015, 37 CFR 1.78(d)(3) was amended to make the procedures under 37 CFR 1.78(e) to accept an unintentionally delayed benefit claim applicable to design applications where the benefit claim was not submitted during the pendency of the design application. Thus, a petition under 37 CFR 1.78(e) may be filed along with a request for certificate of correction after patent grant.”

This means that for design applications, it’s possible to file a petition for a delayed benefit claim even after the patent has been granted, along with a request for a certificate of correction.

To learn more:

• design applications
• delayed benefit claim
• certificate of correction
• patent grant

No, a delayed benefit claim cannot be accepted after the patent has issued. The MPEP 211.04 clearly states:

“A petition under 37 CFR 1.78 to accept an unintentionally delayed claim for the benefit of a prior-filed application will not be granted in an issued patent.”

This means that once a patent has been granted, it is no longer possible to add or correct benefit claims through the petition process. The opportunity to make such changes ends when the patent issues.

If an applicant discovers after issuance that a benefit claim was not properly made or was omitted, they may have limited options:

• Consider filing a reissue application to correct the error, if it qualifies as an error correctable by reissue.
• In some cases, a certificate of correction might be appropriate, but this is generally limited to typographical or clerical errors.

It’s crucial for applicants to ensure all desired benefit claims are properly made and recorded before the patent issues to avoid complications and potential loss of priority rights.

To learn more:

• delayed benefit claim
• issued patent
• petition limitations
• reissue application
• certificate of correction

Can a Certificate of Correction be used to add or correct a benefit claim after patent grant?

The use of a Certificate of Correction to add or correct a benefit claim after patent grant depends on the type of patent. According to MPEP 211.02(a):

“For utility and plant applications, a Certificate of Correction can be used to correct the failure to adequately claim priority under 35 U.S.C. 119(e) or 120 in the application as filed if the application was filed within the required time period. However, for design applications, an application may be amended to claim priority to or the benefit of a prior-filed application after the application issues as a patent by filing a reissue application.”

This means:

• For utility and plant patents: A Certificate of Correction can be used to add or correct a benefit claim after patent grant, provided the application was filed within the required time period.
• For design patents: A Certificate of Correction cannot be used. Instead, a reissue application must be filed to add or correct a benefit claim after patent grant.

It’s important to note that the option to use a Certificate of Correction for utility and plant patents is subject to specific conditions and time limitations. Always consult the current MPEP and seek legal advice if necessary.

To learn more:

• Certificate of Correction
• benefit claim
• utility patent
• plant patent
• design patent