Can a Certificate of Correction be used to add a priority claim that was omitted from the original patent application?
Yes, a Certificate of Correction can be used to add a priority claim that was omitted from the original patent application, under certain conditions. The MPEP 1481 states:
“The types of mistakes for which a certificate of correction of applicant’s mistake may be issued include the situation where ‘through error and without deceptive intention’ the patentee failed to claim foreign priority in the application which became the patent for which correction is sought.”
However, it’s important to note the following requirements:
- The omission must have been made ‘through error and without deceptive intention’
- The priority claim must be to a foreign application
- The correction must be requested within the time period set forth in 37 CFR 1.55
If these conditions are met, the patentee can petition for a Certificate of Correction to add the omitted priority claim. The petition should include evidence of the error and a statement that the delay was unintentional.
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