Can I file a certified copy of a foreign application after paying the issue fee?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, you can file a certified copy of a foreign application after paying the issue fee, but there are important considerations. According to MPEP 213.04 , “If the claim for priority or the certified copy of the foreign application is filed after the date the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.” This means that while you can still file the certified copy, it won’t automatically be included in your patent. You would need to request a certificate of correction after the patent issues to have the priority claim recognized. It’s always best to file the certified copy before paying the issue fee to avoid this additional step and potential complications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Priority Claim for Foreign Application Not Required for Restoration Petition MPEP 213 Claim for Priority and Certified Copy Required MPEP 213 Required Priority Claim Must Be Filed Before Issue Fee MPEP 213 Required Claim for Priority Must Be Filed Before Patent Grant MPEP 213 Required Certified Copy of Foreign Application Must Be Filed During National Stage Entry MPEP 213 Required Priority Claim for International Design Application Filed After May 13, 2015 MPEP 213 Permitted Priority Claim and Certified Copy Due for Design Application MPEP 213 Time Period for Priority Claim Not Extendable MPEP 213 Required Priority Claim and Certified Copy Must Be Filed During Application Pendency MPEP 213.04 Required Certified Copy of Foreign Application Required for PCT National Stage MPEP 213 Required Other Related FAQs 5 FAQs Collapse What is the significance of the &#82...