Can I request a certificate of correction for a priority claim after my patent has issued?

Can I request a certificate of correction for a priority claim after my patent has issued?

Yes, you can request a certificate of correction for a priority claim after your patent has issued, but only under specific circumstances. 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, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.’ However, it’s important to note that this correction is only possible if the failure to make the timely claim was through error and without deceptive intent. You’ll need to file a petition for a certificate of correction along with the required fee and evidence supporting your claim.

To learn more:

• certificate of correction
• priority claim
• issued patent
• 35 U.S.C. 255
• 37 CFR 1.323

To learn more:

• 35 U.S.C. 255
• 37 CFR 1.323