What are the requirements for filing a certificate of correction to perfect a foreign priority claim?

To file a certificate of correction to perfect a foreign priority claim, you must meet the following requirements:

1. The priority claim under 37 CFR 1.55 was timely filed in the application but was not included on the patent due to failure to provide a certified copy.
2. A grantable petition under 37 CFR 1.55(f) or (g) must be filed, which includes:
   • The fee set forth in 37 CFR 1.17(g)
   • A showing of good and sufficient cause for the delay in filing the certified copy
3. The correction must not require further examination.

As stated in the MPEP, 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).

To learn more:

• certificate of correction
• foreign priority claim
• patent correction
• 37 CFR 1.55

To learn more:

• 37 CFR 1.55