How can I request a corrected patent with a perfected foreign priority claim?

How can I request a corrected patent with a perfected foreign priority claim?

To request a corrected patent with a perfected foreign priority claim after issuance, you need to follow these steps:

  • File a reissue application under 35 U.S.C. 251.
  • Include a petition for an expedited examination of the reissue application.
  • Pay the required fees for both the reissue application and the petition.
  • Submit the necessary documents to perfect the priority claim, such as a certified copy of the foreign application.

As stated in MPEP 216.01: “A reissue application can be filed to correct the failure to adequately claim priority under 35 U.S.C. 119(a)-(d) or (f) in an issued patent.” It’s important to note that this process is only available for perfecting priority claims that were timely filed during the pendency of the application.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 216 - Entitlement to Priority, Patent Law, Patent Procedure
Tags: expedited examination, foreign priority claim, Patent correction, reissue application