Can a petition for an unintentionally delayed priority claim be filed after the patent issues?
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 of correction under 37 CFR 1.323, or a petition under 37 CFR 1.78(a) and (b) or 1.55(g), as appropriate.
This means that after a patent has issued, the options for correcting a priority claim are:
- Filing a reissue application
- Requesting a certificate of correction
- Filing a petition under specific regulations
The appropriate method depends on the specific circumstances and the type of priority claim being corrected. It’s important to note that each of these options has its own requirements and limitations. For example, a certificate of correction is generally only available for minor errors that are clerical or typographical in nature.
Given the complexity of post-issuance corrections, it’s advisable to consult with a patent attorney or agent to determine the best course of action for your specific situation.
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