What happens if I file a foreign priority claim after paying the issue fee but before the patent grant?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If you file a foreign priority claim after paying the issue fee but before the patent grant:

• The claim will be placed in the file record
• There may be no review of the papers
• The published patent will not include the priority claim

To have the priority claim considered after publication, you will need to file:

1. A certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323
2. For original applications under 35 U.S.C. 111(a) or 371, a petition to accept an unintentionally delayed claim for priority under 37 CFR 1.55

MPEP 214.03 states: “When the claim for foreign priority or the certified copy of the foreign application is filed after the date of payment of the issue fee but prior to the date of grant of the patent, the foreign priority claim or certified copy will be placed in the file record but there may be no review of the papers and the patent when published will not include the priority claim.”