Which method is suggested for damage control if a patent issues without the proper claim for priority?

When a patent issues without the proper claim for priority, the recommended method for damage control is to utilize a Certificate of Correction or file a Reissue application.

A Certificate of Correction is a procedural mechanism that allows the patentee to correct errors in the issued patent that may be deemed clerical or typographical in nature and does not change the substantive nature of the claims. This process is potentially useful when a priority claim was inadvertently omitted during prosecution.

On the other hand, a Reissue application is a more comprehensive approach that allows a patent owner to correct a broader set of issues, including a failure to include a priority claim. A Reissue can also affirmatively change the patent’s claims or seek to expand or narrow them based on circumstances that may have arisen since its issuance. Importantly, a Reissue must be filed within two years of the original patent grant, which highlights the necessity for timely action when addressing issues related to priority claims.

Amending the patent application after issuance is not feasible as amendments typically occur during prosecution of the application before it is granted. Filing an appeal is also not applicable in this context since it pertains to contesting a decision made by the USPTO rather than resolving issues in an issued patent. Notifying the USPTO of