Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 200 – Types and Status of Application; Benefit and Priority (2)
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:
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:
Patent Law (2)
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:
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:
Patent Procedure (2)
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:
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: