How can I correct a mistake in the priority claim of my patent?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

Correcting a mistake in the priority claim of a patent typically requires a different process than a Certificate of Correction. According to MPEP 1481:

“A clerical or typographical mistake in the benefit or foreign priority claim is typically not an error correctable by a certificate of correction and generally requires a petition under 37 CFR 1.78(e) or 37 CFR 1.55(e), respectively.”

For more information on correcting a benefit claim, refer to MPEP § 1481.03. For guidance on correcting a foreign priority claim, see MPEP § 216.01.

In most cases, you will need to file a petition with the USPTO to correct priority claim errors, rather than using a Certificate of Correction.

Tags: Benefit Claim, foreign priority, Patent correction, Priority Claim