When is a Certificate of Correction appropriate for perfecting a foreign priority claim?

A Certificate of Correction is appropriate for perfecting a foreign priority claim in the following situations:

1. When the priority claim was timely filed in the application but was not included on the patent because the requirement for a certified copy was not satisfied. In this case, a grantable petition under 37 CFR 1.55(f) or 37 CFR 1.55(g) for design applications is also required.
2. When a priority claim under 37 CFR 1.55 was not timely made, but the correction sought would not require further examination.

The MPEP states: “Effective May 13, 2015, 37 CFR 1.55(g) provides that the claim for priority and the certified copy of the foreign application must be filed within the pendency of the application, unless filed with a petition under 37 CFR 1.55(e), (f), or (g) as appropriate. 37 CFR 1.55(g) eliminates the need in many instances to file a reissue application in order to perfect a claim for foreign priority.” (MPEP 216.01)