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