What is the time limit for filing a reissue application to correct a priority claim?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

When filing a reissue application to correct a priority claim, it’s crucial to adhere to the time limits set by law. The MPEP specifies:

‘The reissue application must be filed within the time period set forth in 35 U.S.C. 119(a)-(d) or (f).’

This means that the reissue application must typically be filed within 12 months from the filing date of the foreign application. However, there may be exceptions or additional considerations depending on specific circumstances. It’s advisable to consult with a patent attorney or the USPTO directly for guidance on your particular situation.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority MPEP 216 - Entitlement to Priority Patent Law Patent Procedure
Tags: Certified Copy Ordering, Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case