What are the requirements for submitting an interim copy of a foreign priority application?

What are the requirements for submitting an interim copy of a foreign priority application?

Submitting an interim copy of a foreign priority application can be useful when there are delays in obtaining a certified copy. According to MPEP 213.04, here are the requirements:

37 CFR 1.55(j) provides that an applicant who has not filed a certified copy of the foreign application may file an interim copy of the foreign application during the pendency of the application.

To submit an interim copy:

  • It must be filed during the pendency of the application
  • The copy must be clearly labeled as ‘Interim Copy’
  • Include a cover sheet identifying:
    • The application number
    • The foreign application number
    • The country or intellectual property office
    • The filing date
  • The interim copy must be a legible copy of the foreign application

Note: An interim copy does not satisfy the requirement for a certified copy. You must still submit a certified copy of the foreign application before the patent is granted.

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: certified copy, Foreign Priority Application, interim copy