Can I file a priority claim after paying the issue fee for my patent application?

Can I file a priority claim after paying the issue fee for my patent application?

Yes, you can file a priority claim after paying the issue fee for your patent application, but it comes with additional requirements and costs. According to MPEP 213.04:

If the claim for priority or the certified copy of the foreign application is filed after the date the issue fee is paid, it must also be accompanied by the processing fee set forth in 37 CFR 1.17(i).

This means that if you file your priority claim after paying the issue fee, you must:

• Include the priority claim or certified copy of the foreign application
• Pay the additional processing fee specified in 37 CFR 1.17(i)
• Ensure the application hasn’t been patented yet

It’s important to note that once the patent is granted, you cannot file a priority claim retroactively. Therefore, it’s always best to file your priority claim as early as possible during the application process to avoid additional fees and potential complications.

To learn more:

• priority claim
• issue fee
• certified copy
• foreign application
• processing fee