How can I use a certificate of correction to perfect a foreign priority claim?

A certificate of correction can be used to perfect a foreign priority claim in the following scenarios:

1. When the priority claim was timely filed but not included on the patent due to failure to submit a certified copy.
2. When the priority claim was not timely made, but the correction would not require further examination.

To use a certificate of correction, you must:

• File a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
• Include a grantable petition under 37 CFR 1.55(e), (f), or (g) as appropriate.
• Pay the required fee and provide a showing of good and sufficient cause for the delay, if applicable.

The MPEP states: Where the priority claim required under 37 CFR 1.55 was timely filed in the application but was not included on the patent because the requirement under 37 CFR 1.55 for a certified copy was not satisfied, the patent may be corrected to include the priority claim via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, accompanied by a grantable petition under 37 CFR 1.55(f) or, in the case of a design application, a grantable petition under 37 CFR 1.55(g).