Patent Law FAQ

What happens if a certified copy is not received within the time period set in 37 CFR 1.55(f)?

If a certified copy is not received within the time period set in 37 CFR 1.55(f), the USPTO will send a Notice of Allowance and Issue Fee Due (Notice of Allowance) with a requirement for the certified copy. As stated in the MPEP:

‘If a certified copy of the foreign application is not filed within the time period specified in 37 CFR 1.55(f) and the exceptions in 37 CFR 1.55(h), (i), and (j) are not applicable, the certified copy of the foreign application must be accompanied by a petition including a showing of good and sufficient cause for the delay and the petition fee set forth in 37 CFR 1.17(g).’

This means that if you miss the deadline, you’ll need to file a petition explaining the delay and pay an additional fee. It’s crucial to submit the certified copy or ensure it’s retrievable through the priority document exchange program to avoid complications in the patent application process.