When is a reissue application necessary to perfect a foreign priority claim?

A reissue application is necessary to perfect a foreign priority claim in the following situations:

1. When the requirements of 35 U.S.C. 119(a)-(d) or (f) were not satisfied in the patented application or its parent prior to issuance.
2. When the requirements of 37 CFR 1.55 are not met.
3. When the correction sought would require further examination.

The MPEP provides an example: Further examination would be required where grant of the petition would cause the patent to be subject to a different statutory framework, e.g., where the foreign application has a pre-March 16, 2013 filing date in a patent that was examined under the first inventor to file (FITF) provisions of the AIA. In such situations, the filing of a reissue application with a petition for an unintentionally delayed priority claim would be required.

To learn more:

• reissue application
• foreign priority claim
• patent correction
• AIA provisions