Can a priority claim be corrected after the patent has been issued?
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 claim after issuance of a patent, see MPEP § 216.01.’
To correct a priority claim in an issued patent, the following steps are typically required:
- File a petition for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
- Pay the required fee.
- Provide a statement that the error occurred without deceptive intent.
- Submit evidence to support the correction, such as a certified copy of the priority document.
It’s important to note that the scope for correcting priority claims in issued patents is more limited than in pending applications. The correction must not involve a change that would broaden the scope of the claims of the issued patent.
For more detailed information on correcting foreign priority claims after patent issuance, refer to MPEP § 216.01.
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