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What is the process for correcting a priority claim after a patent has been issued?

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

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…

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Can a priority claim be corrected after the patent has been issued?

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

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…

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What is the time limit for filing a reissue application to correct a priority claim?

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

When filing a reissue application to correct a priority claim, it’s crucial to adhere to the time limits set by law. The MPEP specifies: ‘The reissue application must be filed within the time period set forth in 35 U.S.C. 119(a)-(d) or (f).’ This means that the reissue application must typically be filed within 12 months…

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