Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims (2)
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:
- File a petition under 37 CFR 1.55(e) for an unintentionally delayed priority claim
- Submit a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323
- 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).”
MPEP 214-Formal Requirements of Claim for Foreign Priority (1)
Yes, you can file a foreign priority claim after your patent has been granted, but it requires additional steps:
- File a petition under 37 CFR 1.55(e) for an unintentionally delayed priority claim
- Submit a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323
- 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).”
MPEP 217-Incorporation by Reference Under 37 CFR 1.57(b) (1)
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.
Patent Law (2)
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:
- File a petition under 37 CFR 1.55(e) for an unintentionally delayed priority claim
- Submit a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323
- 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).”
Patent Procedure (2)
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:
- File a petition under 37 CFR 1.55(e) for an unintentionally delayed priority claim
- Submit a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323
- 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).”