What is the procedure for correcting or adding a benefit claim in a design application?

What is the procedure for correcting or adding a benefit claim in a design application?

The procedure for correcting or adding a benefit claim in a design application differs from that of utility applications. According to MPEP 211.02(a):

“For design applications, an application may be amended to claim priority to or the benefit of a prior-filed application after the application issues as a patent by filing a reissue application. Note that the copendency requirement of 35 U.S.C. 120 must still be met.”

This means that for design applications:

• Corrections or additions to benefit claims cannot be made after the application has issued as a patent through a Certificate of Correction.
• The only way to correct or add a benefit claim after issuance is by filing a reissue application.
• The copendency requirement under 35 U.S.C. 120 must still be satisfied, meaning the applications must have been co-pending at some point.

It’s important to note that this procedure is specific to design applications and differs from the process for utility applications.

To learn more:

• design application
• benefit claim
• reissue application
• copendency