Can I perfect a claim for foreign priority after my patent has been issued?
Yes, you can perfect a claim for foreign priority after your patent has been issued. There are two main methods:
- Certificate of Correction: This is generally the preferred method if the requirements of 37 CFR 1.55 are met and no further examination is required. As stated in the MPEP,
Except in certain situations, a certificate of correction can generally be used to perfect a claim to foreign priority where a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim is filed with a request for a certificate of correction in an issued patent.
- Reissue Application: This method is necessary in situations where further examination would be required or when the requirements of 35 U.S.C. 119(a)-(d) or (f) were not satisfied in the patented application or its parent prior to issuance.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure