Can a copy of the foreign patent satisfy the certified copy requirement?
No, a copy of the foreign patent as issued does not comply with the certified copy requirement. The MPEP states: “A copy of the foreign patent as issued does not comply since the application as filed is required; however, a copy of the printed specification and drawing of the foreign patent is sufficient if the certification indicates that it corresponds to the application as filed.” The key is that the certified copy must represent the application as originally filed, not the patent as eventually issued.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 215-Certified Copy of Foreign Application,
Patent Law,
Patent Procedure