This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, a delayed priority claim can be accepted after patent issuance, but the process is more complex and requires a certificate of correction. According to MPEP 214.02:
For utility and plant applications filed on or after November 29, 2000, the failure to timely file a priority claim because of an error in a foreign priority claim may be corrected pursuant to 37 CFR 1.55(g). The failure to timely file a priority claim to an earlier filed application may be corrected pursuant to 37 CFR 1.78(c) and (e).
To correct a delayed priority claim after patent issuance:
- File a petition under 37 CFR 1.55(e) or 37 CFR 1.78(c) and (e), as appropriate.
- Submit a request for a certificate of correction under 37 CFR 1.323.
- Pay the required fees for both the petition and the certificate of correction.
- Provide a statement of unintentional delay covering the entire period of delay.
It’s important to note that the standards for accepting a delayed priority claim after issuance are typically higher, and the USPTO may require a more detailed explanation of the circumstances surrounding the delay.