What is the time limit for correcting or adding a priority claim in a PCT application?
The time limit for correcting or adding a priority claim in a PCT application is generally 16 months from the priority date. However, there are some nuances to this rule. According to the MPEP:
“The applicant may correct or add a priority claim by a notice submitted to the Receiving Office or the International Bureau (IB) within 16 months from the priority date, or where the priority date is changed, within 16 months from the priority date so changed, whichever period expires first, provided that a notice correcting or adding a priority claim may in any event be submitted until the expiration of 4 months from the international filing date.“
This time limit is established by PCT Rule 26bis.1 and is also reflected in U.S. regulations 37 CFR 1.451 and 1.465.
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