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

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.

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.