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How can a claim for foreign priority be perfected after a patent has been issued?

By russ.krajec@blueironip.com | September 9, 2024

A claim for foreign priority can be perfected after a patent has been issued through two main methods: Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323 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…

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Can a petition for an unintentionally delayed priority claim be filed after the patent issues?

By russ.krajec@blueironip.com | September 9, 2024

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…

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