Can a reissue application be used to correct errors related to foreign priority claims?

Yes, a reissue application can be used to correct errors related to foreign priority claims. The MPEP cites the case of Brenner v. State of Israel, which established that reissue is available to:

  • File a certified copy of the original foreign application to obtain the right of foreign priority under 35 U.S.C. 119(a)-(d)
  • Correct the failure to take any steps to obtain the right of foreign priority

However, due to changes in regulations, the reissue applicant must also file a petition under 37 CFR 1.55(f) or (g), including a showing of good and sufficient cause for the delay in filing the certified copy.

In some cases, these corrections can also be made via a certificate of correction. The MPEP advises: Unless there is a need to file a reissue application, patentee should consider making such correction via a request for certificate of correction.

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Tags: 35 u.s.c. 119, brenner v. state of israel, Certificate of Correction, foreign priority, reissue application