How can an applicant correct or add a priority claim in an international application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

An applicant can correct or add a priority claim in an international application according to PCT Rule 26bis.1. This is referenced in 37 CFR 1.451(d), which states:

The applicant may correct or add a priority claim in accordance with PCT Rule 26bis.1.

PCT Rule 26bis.1 allows for the correction or addition of a priority claim within 16 months from the priority date or, where the correction or addition would cause a change in the priority date, within 16 months from the priority date as so changed, whichever 16-month period expires first. However, this must be done no later than four months from the international filing date.

Topics: MPEP 200 – Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case