What happens if a priority claim is filed after the issue fee is paid?
If a priority claim or the certified copy of a foreign application is filed after the issue fee is paid, it will not automatically be included in the patent. The MPEP Section 213.04 states:
“If the claim for priority or the certified copy of the foreign application is filed after the date the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and ยง 1.323.”
This means that to include the priority claim in the patent after the issue fee is paid, the applicant must request a certificate of correction, which may involve additional fees and processing time.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure