I've put in the wrong priority date (2018 instead of 2017) in the non-provisional patent application, while referring to a provisioning patent application.

How can this kind of errors be corrected? The patent is published already (not reviewed yet)

1 Answer 1


Since this Q&A site is basically meant for matter related to USPTO, unless specifically mentioned about other jurisdiction, it is safely assumed that question put here is related to USPTO. With this assumption the following answer is put forth.

The error can be corrected as per 37 CFR 1.76 section c(1). The same is quoted below.

(c) Correcting and updating an application data sheet.

(1) Information in a previously submitted application data sheet, inventor’s oath or declaration under § 1.63, § 1.64 or § 1.67, or otherwise of record, may be corrected or updated until payment of the issue fee by a new application data sheet providing corrected or updated information, except that inventorship changes must comply with the requirements of § 1.48, foreign priority and domestic benefit information changes must comply with §§ 1.55 and 1.78, and correspondence address changes are governed by § 1.33(a). Ref Source

Priority claim information is a part of ADS. ADS should be filed along with non provisional application. It can be filed later but within the time limit of four months from the filing date of non provisional or sixteen months from the application from which priority is claimed (§§1.78).

Later filed ADS is as an amendment because ADS is generated automatically if it is not filed by the applicant at the time of placing application with USPTO and is populated with information from other sources.

Except in case of the later filed ADS mentioned above, any amendment required and done later to first filing of ADS by applicant, IMO, including amendment (and not first time insertion which is subject to time limit as mentioned) to priority claim can be amended till issue notification or till abandonment. May refer

Mostly, things like this are pointed out at the time of Notice of Allowance for compliance (again IMO, because of limited exposure).

Patent prosecution is highly professional job. It is always advised here to take help of practicing attorney/agent for legal help. If you are pro se inventor (not taking help of patent attorney/agent). You may contact

Inventors Assitance Centre, USPTO for help in this matter. (Toll free 800-786-9199, Hours: Monday – Friday, 8:30 AM – 8:00 PM (ET), except federal holidays)

  • How does one do that? Is there a form? a fee?
    – pkuhar
    Jan 24, 2019 at 0:06
  • @pkuhar. Please disclose the priority dates shown in your filing receipt and published application for a to the point answer. Jan 24, 2019 at 3:04
  • Is the application text in said data sheet? Sounds more like correcting formal stuff like your address or so
    – user18033
    Jan 25, 2019 at 21:04

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