Can foreign priority or domestic benefit be claimed during inter partes reexamination?

Yes, foreign priority or domestic benefit can be claimed during inter partes reexamination under certain circumstances. The MPEP states:

“Amendments may be made to the specification to correct, for example, an inadvertent failure to claim foreign priority or the continuing status of the patent relative to a parent application if such correction is necessary to overcome a reference applied against a claim of the patent.”

For specific guidance on claiming foreign priority or domestic benefit in a reexamination proceeding, the MPEP directs readers to MPEP § 2258.02. It’s important to note that such amendments are only permitted if they are necessary to overcome a reference applied against a claim in the reexamination proceeding.

To learn more:

• foreign priority
• domestic benefit
• inter partes reexamination
• patent amendment
• MPEP 2258.02