How is an interim copy of a foreign application different from a certified copy?

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.

An interim copy of a foreign application serves as a temporary substitute for a certified copy but does not replace the requirement for a certified copy. The key differences are:

• An interim copy can be from the applicant’s own records, while a certified copy must be from the foreign patent office.
• An interim copy satisfies the initial time requirement in 37 CFR 1.55(f), but a certified copy is still required.
• An interim copy is labeled as ‘Interim Copy,’ while a certified copy has official certification from the foreign patent office.

The MPEP clarifies:

‘Thus, providing an interim copy of a foreign application under 37 CFR 1.55(j) satisfies the requirement for a certified copy of the foreign application to be filed within the time limit set forth in 37 CFR 1.55(f), but a certified copy of the foreign application must still be filed during the pendency of the application, unless filed with a petition under 37 CFR 1.55(e), (f), or (g) as appropriate.’

In essence, the interim copy is a temporary measure to meet deadlines, while the certified copy remains a formal requirement.

For more information on certified copy, visit: certified copy.

For more information on foreign application, visit: foreign application.

For more information on interim copy, visit: interim copy.

For more information on patent procedure, visit: patent procedure.