How can I correct the priority claim in a patent after it has been issued?
To correct the priority claim in an issued patent, you can file a reissue application under 35 U.S.C. 251. The MPEP states:
‘A reissue application can be filed to correct the failure to adequately claim priority under 35 U.S.C. 119(a)-(d) or (f) or 35 U.S.C. 120 in the issued patent.’
This process allows you to amend the specification to include the required reference or correct the priority claim itself. However, it’s important to note that the reissue application must be filed within the time period set forth in 35 U.S.C. 119(a)-(d) or (f).
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 216 - Entitlement to Priority,
Patent Law,
Patent Procedure