MPEP § 1417 — MPEP § 1417
Current through: 2022-07-01

1417-Claim for Priority Under 35 U.S.C. 119(a)-(d) 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1400 

 Section 1417 
 

 
 
 
 
 
 1417 Claim for Priority Under 35 U.S.C. 119(a)-(d) [R-07.2022]
 I. PRIORITY UNDER 35 U.S.C. 119(a)-(d) WAS PERFECTED IN THE ORIGINAL PATENT A claim for priority to an earlier filing date in a foreign country
 under 35 U.S.C.
 119(a)-(d) must be made in a reissue application, even though such
 a claim was previously made in the application for the original patent to be reissued.
 However, no additional certified copy of the foreign application is necessary. See
 MPEP §
 215 . For reissue applications filed on or after September 16,
 2012, the foreign priority information for the priority claim must be presented in an
 application data sheet (ADS) under 37 CFR 1.76 . For applications filed
 prior to September 16, 2012, unless provided in an application data sheet,
 pre-AIA 37 CFR
 1.63 requires that the oath or declaration must identify the
 foreign application for patent or inventor’s certificate for which priority is claimed
 under 37 CFR
 1.55 , and any foreign applications having a filing date before
 that of the application on which priority is claimed, by specifying the application
 number, country, day, month, and year of its filing. See MPEP §
 214.01 .
 

 The examiner should note that foreign priority information on the front
 page of the patent will not be carried forward to the reissue from the original patent.
 Therefore, it is important that the bibliographic data (bib-data) sheet accurately list
 the application number, country (or intellectual property authority), day, month, and
 year of each foreign application to which the U.S. application is claiming priority. If
 there is a discrepancy between the bib-data sheet and the front page of the original
 patent, the examiner should notify the applicant in the next Office action of such
 discrepancy and advise the applicant to take appropriate corrective action (e.g.,
 request a corrected filing receipt, file application data sheet in accordance with
 37 CFR
 1.76(c) ). The examiner must also indicate in the Office action and
 on the bib-data sheet whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have
 been met. 
 

 II. PRIORITY UNDER 35 U.S.C. 119(a)-(d) IS NEWLY PERFECTED IN THE REISSUE
 APPLICATION A reissue was granted in Brenner v. State of Israel, 
 400 F.2d 789, 158 USPQ 584 (D.C. Cir. 1968), where the only ground urged was failure to
 file a certified copy of the original foreign application to obtain the right of foreign
 priority under 35
 U.S.C. 119(a)-(d) before the patent was granted. In
 Brenner, the claim for priority had been made in the prosecution
 of the original patent, and it was only necessary to submit a certified copy of the
 priority document in the reissue application to perfect priority (the claim for priority
 must be repeated in the reissue application). Reissue is also available to correct the
 
 "error"
 
 
 in failing to take
 any steps to obtain the right of foreign priority under 35 U.S.C. 119(a)
 -(d) before the original patent was granted. See Fontijn
 v. Okamoto, 518 F.2d 610, 622, 186 USPQ 97, 106 (CCPA 1975) (“a patent may
 be reissued for the purpose of establishing a claim to priority which was not asserted,
 or which was not perfected during the prosecution of the original application”). In a
 situation where it is necessary to make a priority claim in a reissue application that
 was not made in the original patent, the reissue applicant will have to file a petition
 for an unintentionally delayed priority claim under 37 CFR
 1.55(e) in addition to filing a reissue application. See
 MPEP §
 214.02 . See MPEP § 1481.03 for correction of a
 benefit claim via a certificate of correction.
 

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 1400.01-Introduction 

 1401-Reissue 

 1402-Grounds for Filing 

 1403-Diligence in Filing 

 1404-Submission of Papers Where Reissue Patent Is in Litigation 

 1405-Reissue and Patent Term 

 1406-Citation and Consideration of References Cited in Original Patent 

 1407-1409-[Reserved] 

 1410-Content of Reissue Application 
 1410.01-Reissue Applicant and Inventor's Oath or Declaration 

 1410.02-Assignee Consent to the Reissue 

 
 

 1411-Form of Specification 
 1411.01-Certificate of Correction or Disclaimer in Original Patent 

 1411.02-New Matter 

 
 

 1412-Content of Claims 
 1412.01-Reissue Claims Must Be for Same General Invention 

 1412.02-Recapture of Canceled Subject Matter 

 1412.03-Broadening Reissue Claims 

 1412.04-Correction of Inventorship By Reissue 

 1412.05-Correction of Inventorship in a Broadening Reissue Application 

 
 

 1413-Drawings 

 1414-Content of Reissue Oath/Declaration 
 1414.01-Reissue Oath or Declaration in Reissue Application Filed On or After September 16, 2012 

 1414.02-Reissue Oath or Declaration in Reissue Application Filed Before September 16, 2012 

 1414.03-Supplemental Reissue Oath/Declaration 

 
 

 1415-Reissue Application and Issue Fees 
 1415.01-Maintenance Fees on the Original Patent 

 
 

 1416-No Physical Surrender of Original Patent 

 1417-Claim for Priority Under 35 U.S.C. 119(a)-(d) 

 1418-Notification of Prior/Concurrent Proceedings and Decisions Thereon, and of Information Known To Be Material to Patentability 

 1419-1429-[Reserved] 

 1430-Reissue Files Open to the Public and, Notice of Filing Reissue Announced in, Official Gazette 

 1431-1439-[Reserved] 

 1440-Examination of Reissue Application 

 1441-Two-Month Delay Period 
 1441.01-Protest and Pre-issuance Submission in Reissue Applications 

 
 

 1442-Special Status 
 1442.01-Litigation-Related or PTAB Trial-Related Reissues 

 1442.02-Concurrent Litigation or Trial Before the Patent Trial and Appeal Board 

 1442.03-Litigation Stayed 

 1442.04-Litigation Involving Patent 

 1442.05-Court Ordered Filing of Reissue Application 

 
 

 1443-Initial Examiner Review 

 1444-Review of Reissue Oath/Declaration 

 1445-Reissue Application Examined in Same Manner as Original Application 

 1446-1447-[Reserved] 

 1448-Fraud, Inequitable Conduct, or Duty of Disclosure Issues 

 1449-Protest Filed in Reissue Where Patent Is in Interference or Contested Case 
 1449.01-Concurrent Office Proceedings 

 1449.02-Interference in Reissue 

 1449.03-Reissue Application in Derivation Proceeding 

 
 

 1450-Restriction and Election of Species Made in Reissue Application 

 1451-Divisional Reissue Applications; Continuation Reissue Applications Where the Parent is Pending 

 1452-Request for Continued Examination of Reissue Application 

 1453-Amendments to Reissue Applications 

 1454-Appeal Brief 

 1455-Allowance and Issue 

 1456-Reissue Review 

 1457-Design Reissue Applications and Patents 

 1458-1459-[Reserved] 

 1460-Effect of Reissue 

 1461-1469-[Reserved] 

 1470-Public Access to Reissue Applications 

 1471-1479-[Reserved] 

 1480-Certificates of Correction — Office Mistake 
 1480.01-Expedited Issuance of Certificates of Correction - Error Attributable to Office 

 
 

 1481-Certificates of Correction - Applicant’s Mistake 
 1481.01-Correction of Assignees’ Names 

 1481.02-Correction of Named Inventor 

 1481.03-Correction of 35 U.S.C. 119 and 35 U.S.C. 120 Benefits 

 
 

 1482-1484-[Reserved] 

 1485-Handling of Request for Certificates of Correction 

 1486-1489-[Reserved] 

 1490-Disclaimers 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:34