MPEP § 215.02(b) — Timeliness Requirement – Met By Interim Copy of Foreign Application (Annotated Rules)

§215.02(b) Timeliness Requirement – Met By Interim Copy of Foreign Application

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 215.02(b), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Timeliness Requirement – Met By Interim Copy of Foreign Application

This section addresses Timeliness Requirement – Met By Interim Copy of Foreign Application. Primary authority: 35 U.S.C. 111(a), 35 U.S.C. 371, and 37 CFR 1.55(j). Contains: 5 requirements, 1 prohibition, 1 permission, and 1 other statement.

Key Rules

Topic

Sequence Listing Format

4 rules
StatutoryRequiredAlways
[mpep-215-02-b-14428985f4e00e685cac141a]
Interim Copy of Foreign Priority Application May Be Filed as Single PDF
Note:
The main parts of the interim copy of a foreign priority application, including Abstract, Drawings, Specification, Claims, and Sequence Listing equivalents, can be submitted as a single PDF file via the USPTO electronic filing system.

If not provided as a single paper document, the main parts of the interim copy of the foreign priority application, i.e., Abstract, Drawings, Specification, Claims, and where applicable, the foreign patent office’s equivalent to a “Sequence Listing” (see MPEP § 2421.01 a “Sequence Listing XML” (see MPEP § 2412), “Large Tables” (see MPEP § 608.05(b)), or a “Computer Program Listing Appendix” (see MPEP § 608.05(a)), along with the separate cover sheet required by 37 CFR 1.55(j), may be filed as a single PDF image file via the USPTO patent electronic filing system. The PDF image file will be stored in the file wrapper of the application, and applicants must select the document description “Interim Copy of the Foreign Priority Application” to index this document when filing online.

Jump to MPEP Source · 37 CFR 1.55(j)Sequence Listing FormatSequence Listing RequirementsClaims on Appeal to PTAB
StatutoryRequiredAlways
[mpep-215-02-b-18aecee1b0fca1d265d23475]
Interim Copy of Foreign Priority Application Must Be Filed as PDF
Note:
Applicants must file the interim copy of the foreign priority application as a single PDF image file in the USPTO patent electronic filing system and select the document description ‘Interim Copy of the Foreign Priority Application’.

If not provided as a single paper document, the main parts of the interim copy of the foreign priority application, i.e., Abstract, Drawings, Specification, Claims, and where applicable, the foreign patent office’s equivalent to a “Sequence Listing” (see MPEP § 2421.01 a “Sequence Listing XML” (see MPEP § 2412), “Large Tables” (see MPEP § 608.05(b)), or a “Computer Program Listing Appendix” (see MPEP § 608.05(a)), along with the separate cover sheet required by 37 CFR 1.55(j), may be filed as a single PDF image file via the USPTO patent electronic filing system. The PDF image file will be stored in the file wrapper of the application, and applicants must select the document description “Interim Copy of the Foreign Priority Application” to index this document when filing online.

Jump to MPEP Source · 37 CFR 1.55(j)Sequence Listing FormatSequence Listing RequirementsCopies and Certified Documents
StatutoryPermittedAlways
[mpep-215-02-b-82fe40ef7f1c810a84473c30]
Plain Text Files for Sequence Listings Must Be Filed as .txt via USPTO System
Note:
Applicants must file plain text files, such as sequence listings, as .txt files through the USPTO patent electronic filing system.

Application parts that were filed in a foreign patent office only as plain text computer files (e.g..txt file), such as a foreign patent office’s equivalent to a “Sequence Listing,” “Large Tables,” or a “Computer Program Listing Appendix,” may be filed as a.txt file via the USPTO patent electronic filing system (or on a read-only optical disc). When filing online via the USPTO patent electronic filing system, applicants must select the document description “Interim Copy of the Foreign Priority (text file)” to index a plain text file part of the application. See MPEP § 502.05 for additional information regarding filing documents via the USPTO patent electronic filing system. Application parts that were filed in a foreign patent office only as an eXtensible Markup Language (XML) file, such as a Standard ST.26 Sequence Listing, may be filed as a XML file on a read-only optical disc as part of the “Interim Copy of Foreign Priority.”

Jump to MPEP Source · 37 CFR 1.55Sequence Listing FormatSequence Listing RequirementsForeign Priority Claims
StatutoryRequiredAlways
[mpep-215-02-b-9d7e29e6877a45f438cd160a]
Requirement for Interim Copy of Foreign Priority Text File
Note:
Applicants must select 'Interim Copy of the Foreign Priority (text file)' when filing plain text application parts online via USPTO system.

Application parts that were filed in a foreign patent office only as plain text computer files (e.g..txt file), such as a foreign patent office’s equivalent to a “Sequence Listing,” “Large Tables,” or a “Computer Program Listing Appendix,” may be filed as a.txt file via the USPTO patent electronic filing system (or on a read-only optical disc). When filing online via the USPTO patent electronic filing system, applicants must select the document description “Interim Copy of the Foreign Priority (text file)” to index a plain text file part of the application. See MPEP § 502.05 for additional information regarding filing documents via the USPTO patent electronic filing system. Application parts that were filed in a foreign patent office only as an eXtensible Markup Language (XML) file, such as a Standard ST.26 Sequence Listing, may be filed as a XML file on a read-only optical disc as part of the “Interim Copy of Foreign Priority.”

Jump to MPEP Source · 37 CFR 1.55Sequence Listing FormatSequence Listing RequirementsForeign Priority Claims
Topic

Article 19 Amendment Timing

2 rules
StatutoryProhibitedAlways
[mpep-215-02-b-d09d5129638b245da8da5c1a]
Requirement for Interim Foreign Application Copy
Note:
An applicant must file an interim copy of the foreign application within specified time limits if a certified copy cannot be obtained.

37 CFR 1.55(j) permits an applicant to provide an “interim copy” of the original foreign application from the applicant’s own records to provide for the situation in which the applicant cannot obtain a certified copy of the foreign application within the time limit set forth in 37 CFR 1.55(f), although there is no requirement that an applicant be unable to obtain a certified copy of the foreign application within the time limit set forth in 37 CFR 1.55(f) to use 37 CFR 1.55(j). 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) will be considered satisfied if the applicant files a copy of the original foreign application clearly labeled as ‘‘Interim Copy,’’ including the specification, and any drawings or claims upon which it is based with the time period specified in 37 CFR 1.55(j). 37 CFR 1.55(j) also provides that the interim copy of the foreign application must be filed together with a separate cover sheet identifying the foreign application by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, and stating that the copy filed in the Office is a true copy of the original application as filed in the foreign country (or intellectual property authority). 37 CFR 1.55(j) also provides that the interim copy of the foreign application and cover sheet must be filed within the later of sixteen months from the filing date of the prior foreign application or four months from the actual filing date of an application under 35 U.S.C. 111(a), within four months from the later of the date of commencement (37 CFR 1.491(a)) or the date of the initial submission under 35 U.S.C. 371 in an application entering the national stage under 35 U.S.C. 371, or with a petition under 37 CFR 1.55(e) or (f). 37 CFR 1.55(j) finally provides that a certified copy of the foreign application ultimately must be filed within the period specified in 37 CFR 1.55(g)(1). 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.

Jump to MPEP Source · 37 CFR 1.55(j)Article 19 Amendment TimingNational Stage Entry RequirementsNational Stage Entry Timing (30 Months)
StatutoryRequiredAlways
[mpep-215-02-b-0a7bdcdbbef4a4511df0cc0e]
Interim Copy of Foreign Application Must Be Filed Within Time Limits
Note:
An interim copy of the foreign application must be filed within specified time limits to satisfy the requirement for a certified copy, unless filed with a petition.

37 CFR 1.55(j) permits an applicant to provide an “interim copy” of the original foreign application from the applicant’s own records to provide for the situation in which the applicant cannot obtain a certified copy of the foreign application within the time limit set forth in 37 CFR 1.55(f), although there is no requirement that an applicant be unable to obtain a certified copy of the foreign application within the time limit set forth in 37 CFR 1.55(f) to use 37 CFR 1.55(j). 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) will be considered satisfied if the applicant files a copy of the original foreign application clearly labeled as ‘‘Interim Copy,’’ including the specification, and any drawings or claims upon which it is based with the time period specified in 37 CFR 1.55(j). 37 CFR 1.55(j) also provides that the interim copy of the foreign application must be filed together with a separate cover sheet identifying the foreign application by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, and stating that the copy filed in the Office is a true copy of the original application as filed in the foreign country (or intellectual property authority). 37 CFR 1.55(j) also provides that the interim copy of the foreign application and cover sheet must be filed within the later of sixteen months from the filing date of the prior foreign application or four months from the actual filing date of an application under 35 U.S.C. 111(a), within four months from the later of the date of commencement (37 CFR 1.491(a)) or the date of the initial submission under 35 U.S.C. 371 in an application entering the national stage under 35 U.S.C. 371, or with a petition under 37 CFR 1.55(e) or (f). 37 CFR 1.55(j) finally provides that a certified copy of the foreign application ultimately must be filed within the period specified in 37 CFR 1.55(g)(1). 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.

Jump to MPEP Source · 37 CFR 1.55(j)Article 19 Amendment TimingInternational Filing DateNationals and Residents
Topic

Article 19 Amendment Scope

1 rules
StatutoryInformativeAlways
[mpep-215-02-b-8549634aadf13bd176b6cf5e]
Requirement for Interim Foreign Application Copy
Note:
Applicant must file a clearly labeled interim copy of the original foreign application within specified time limits, including specification and claims.

37 CFR 1.55(j) permits an applicant to provide an “interim copy” of the original foreign application from the applicant’s own records to provide for the situation in which the applicant cannot obtain a certified copy of the foreign application within the time limit set forth in 37 CFR 1.55(f), although there is no requirement that an applicant be unable to obtain a certified copy of the foreign application within the time limit set forth in 37 CFR 1.55(f) to use 37 CFR 1.55(j). 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) will be considered satisfied if the applicant files a copy of the original foreign application clearly labeled as ‘‘Interim Copy,’’ including the specification, and any drawings or claims upon which it is based with the time period specified in 37 CFR 1.55(j). 37 CFR 1.55(j) also provides that the interim copy of the foreign application must be filed together with a separate cover sheet identifying the foreign application by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, and stating that the copy filed in the Office is a true copy of the original application as filed in the foreign country (or intellectual property authority). 37 CFR 1.55(j) also provides that the interim copy of the foreign application and cover sheet must be filed within the later of sixteen months from the filing date of the prior foreign application or four months from the actual filing date of an application under 35 U.S.C. 111(a), within four months from the later of the date of commencement (37 CFR 1.491(a)) or the date of the initial submission under 35 U.S.C. 371 in an application entering the national stage under 35 U.S.C. 371, or with a petition under 37 CFR 1.55(e) or (f). 37 CFR 1.55(j) finally provides that a certified copy of the foreign application ultimately must be filed within the period specified in 37 CFR 1.55(g)(1). 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.

Jump to MPEP Source · 37 CFR 1.55(j)Article 19 Amendment ScopeArticle 19 Amendment TimingNational Stage Entry Requirements
Topic

National Stage Entry Requirements

1 rules
StatutoryRequiredAlways
[mpep-215-02-b-34cc69b89a3abcf44052bb05]
Requirement for Interim Foreign Application Copy
Note:
An interim copy of the foreign application must be filed with a cover sheet identifying the application details and stating it is a true copy.

37 CFR 1.55(j) permits an applicant to provide an “interim copy” of the original foreign application from the applicant’s own records to provide for the situation in which the applicant cannot obtain a certified copy of the foreign application within the time limit set forth in 37 CFR 1.55(f), although there is no requirement that an applicant be unable to obtain a certified copy of the foreign application within the time limit set forth in 37 CFR 1.55(f) to use 37 CFR 1.55(j). 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) will be considered satisfied if the applicant files a copy of the original foreign application clearly labeled as ‘‘Interim Copy,’’ including the specification, and any drawings or claims upon which it is based with the time period specified in 37 CFR 1.55(j). 37 CFR 1.55(j) also provides that the interim copy of the foreign application must be filed together with a separate cover sheet identifying the foreign application by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, and stating that the copy filed in the Office is a true copy of the original application as filed in the foreign country (or intellectual property authority). 37 CFR 1.55(j) also provides that the interim copy of the foreign application and cover sheet must be filed within the later of sixteen months from the filing date of the prior foreign application or four months from the actual filing date of an application under 35 U.S.C. 111(a), within four months from the later of the date of commencement (37 CFR 1.491(a)) or the date of the initial submission under 35 U.S.C. 371 in an application entering the national stage under 35 U.S.C. 371, or with a petition under 37 CFR 1.55(e) or (f). 37 CFR 1.55(j) finally provides that a certified copy of the foreign application ultimately must be filed within the period specified in 37 CFR 1.55(g)(1). 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.

Jump to MPEP Source · 37 CFR 1.55(j)National Stage Entry RequirementsPCT International Application FilingPCT Claims Format

Citations

Primary topicCitation
Article 19 Amendment Scope
Article 19 Amendment Timing
National Stage Entry Requirements
35 U.S.C. § 111(a)
Article 19 Amendment Scope
Article 19 Amendment Timing
National Stage Entry Requirements
35 U.S.C. § 371
Article 19 Amendment Scope
Article 19 Amendment Timing
National Stage Entry Requirements
37 CFR § 1.491(a)
Article 19 Amendment Scope
Article 19 Amendment Timing
National Stage Entry Requirements
37 CFR § 1.55(e)
Article 19 Amendment Scope
Article 19 Amendment Timing
National Stage Entry Requirements
37 CFR § 1.55(f)
Article 19 Amendment Scope
Article 19 Amendment Timing
National Stage Entry Requirements
37 CFR § 1.55(g)(1)
Article 19 Amendment Scope
Article 19 Amendment Timing
National Stage Entry Requirements
Sequence Listing Format
37 CFR § 1.55(j)
Sequence Listing FormatMPEP § 2412
Sequence Listing FormatMPEP § 2421.01
Sequence Listing FormatMPEP § 502.05
Sequence Listing FormatMPEP § 608.05(a)
Sequence Listing FormatMPEP § 608.05(b)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31