Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
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:
Topics:
MPEP 200 – Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure