How can a claim for foreign priority be perfected after a patent has been issued?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A claim for foreign priority can be perfected after a patent has been issued through two main methods: Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323 Reissue application The choice of method depends on the specific circumstances: A Certificate of Correction can be used if the requirements of 37 CFR 1.55 are met and no further examination is required. A reissue application is necessary if 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, or if further examination would be required. The MPEP states: “The failure to perfect a claim to foreign priority prior to issuance of the patent may be cured via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, provided the requirements of 37 CFR 1.55 are met, or by filing a reissue application.” (MPEP 216.01) Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim to Foreign Priority Benefits Must Be Perfected by Reissue Application MPEP 216.01 Prohibited Requirement for Perfecting Foreign Priority Claim After Patent Issuance MPEP 216.01 Permitted Claim to Foreign Priority After Patent Issuance MPEP 216.01 Request to Issue Certificate of Correction for Foreign Priority Benefits MPEP 216.01 Permitted Claim to Foreign Priority Benefits Through Reissue MPEP 216.01 Permitted Cure Foreign Priority Claim After Issuance Via Certificate of Correction or Reissue Application MPEP 216.01 Permitted Claim to Foreign Priority in Continuing Application Constitutes Affirmation of Prior Expression for Subject Matter Commonality MPEP 216.01 Priority Claim and Certified Copy Must Be Filed During Pendency MPEP 216.01 Required Nonprovisional...