What is the significance of the four-month time period in filing a certified copy?
What is the significance of the four-month time period in filing a certified copy?
The four-month time period is significant in filing a certified copy of a foreign application for priority claims. According to MPEP 213.04, “If the certified copy is not filed within the four-month period, the certified copy must be accompanied by a petition including a showing of good and sufficient cause for the delay and the petition fee.” This means that if you file the certified copy within four months of the actual filing date of the application (or entry into the national stage for PCT applications), you don’t need to provide any explanation or pay additional fees. However, if you miss this four-month window, you’ll need to file a petition explaining the delay and pay an additional fee. This rule encourages prompt filing of priority documents and helps streamline the examination process.
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