Patent Law FAQ

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

A claim for foreign priority can be perfected after a patent has been issued through two main methods:

1. Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323
2. Reissue application

The choice of method depends on the specific circumstances:

• A Certificate of Correction can be used if the requirements of 37 CFR 1.55 are met and no further examination is required.
• A reissue application is necessary if 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, or if further examination would be required.

The MPEP states: “The failure to perfect a claim to foreign priority prior to issuance of the patent may be cured via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, provided the requirements of 37 CFR 1.55 are met, or by filing a reissue application.” (MPEP 216.01)

A claim for foreign priority can be perfected after a patent has been issued through two main methods:

1. Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323
2. Reissue application

The choice of method depends on the specific circumstances:

• A Certificate of Correction can be used if the requirements of 37 CFR 1.55 are met and no further examination is required.
• A reissue application is necessary if 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, or if further examination would be required.

The MPEP states: “The failure to perfect a claim to foreign priority prior to issuance of the patent may be cured via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, provided the requirements of 37 CFR 1.55 are met, or by filing a reissue application.” (MPEP 216.01)

A claim for foreign priority can be perfected after a patent has been issued through two main methods:

1. Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323
2. Reissue application

The choice of method depends on the specific circumstances:

• A Certificate of Correction can be used if the requirements of 37 CFR 1.55 are met and no further examination is required.
• A reissue application is necessary if 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, or if further examination would be required.

The MPEP states: “The failure to perfect a claim to foreign priority prior to issuance of the patent may be cured via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, provided the requirements of 37 CFR 1.55 are met, or by filing a reissue application.” (MPEP 216.01)

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

A claim for foreign priority can be perfected after a patent has been issued through two main methods:

1. Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323
2. Reissue application

The choice of method depends on the specific circumstances:

• A Certificate of Correction can be used if the requirements of 37 CFR 1.55 are met and no further examination is required.
• A reissue application is necessary if 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, or if further examination would be required.

The MPEP states: “The failure to perfect a claim to foreign priority prior to issuance of the patent may be cured via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, provided the requirements of 37 CFR 1.55 are met, or by filing a reissue application.” (MPEP 216.01)

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