Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
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MPEP 200 - Types and Status of Application; Benefit and Priority (11)
An interim copy of a foreign priority document is a copy that is submitted before the certified copy is available. The MPEP 213.02 provides guidance on when an interim copy is acceptable:
The Office may require that an ‘interim copy’ of the foreign application be furnished in the event that the certified copy of the foreign application is not filed within the time period set forth in 37 CFR 1.55(f) and an exception in 37 CFR 1.55(h), (i), or (j) is not applicable.
An interim copy must:
- Be filed within the later of 4 months from the filing date of the application or 16 months from the filing date of the prior foreign application
- Be a copy of the original foreign application
- Be accompanied by a statement that the copy is a true copy
Note: An interim copy does not substitute the requirement for a certified copy, which must still be filed during the pendency of the application.
To learn more:
An ‘interim copy’ is a mechanism provided by 37 CFR 1.55(j) that allows applicants to meet the timeliness requirement for submitting a certified copy of a foreign application. It’s a copy of the original foreign application that the applicant can provide from their own records when they cannot obtain a certified copy within the time limit set by 37 CFR 1.55(f).
The MPEP states: 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).
To learn more:
An ‘interim copy’ is a copy of the original foreign application from the applicant’s own records that can be submitted to satisfy the timeliness requirement for certified copies. According to 37 CFR 1.55(j):
- The copy must be clearly labeled as ‘Interim Copy’
- It must be filed with a cover sheet identifying the foreign application
- It must be filed within the same time period as required for certified copies
- A certified copy must still be filed during the pendency of the application
This provision allows applicants to meet the deadline even if they cannot obtain a certified copy in time, although there is no requirement to show inability to obtain a certified copy to use this option.
For more information on foreign application, visit: foreign application.
For more information on interim copy, visit: interim copy.
37 CFR 1.55(j) allows an applicant to provide an ‘interim copy’ of the original foreign application to satisfy the requirement for a certified copy to be filed within the time limit set in 37 CFR 1.55(f). An interim copy must:
- Be clearly labeled as ‘Interim Copy’
- Include the specification, drawings, and claims of the foreign application
- Be filed with a separate cover sheet identifying the foreign application
- Be filed within the later of 16 months from the foreign filing date or 4 months from the actual U.S. filing date
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).
To learn more:
The time limits for filing an interim copy of a foreign application are specified in 37 CFR 1.55(j). According to the MPEP:
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).
In summary, the interim copy must be filed within:
- 16 months from the filing date of the foreign application, or
- 4 months from the U.S. application filing date under 35 U.S.C. 111(a), or
- 4 months from the national stage commencement or initial submission date under 35 U.S.C. 371, or
- With a petition under 37 CFR 1.55(e) or (f)
To learn more:
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:
The filing requirements for an interim copy of a foreign application are specified in 37 CFR 1.55(j). They include:
- Filing a copy of the original foreign application clearly labeled as ‘Interim Copy’
- Including a separate cover sheet identifying the foreign application details
- Filing within specified time limits
The MPEP states:
’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).’
It’s crucial to adhere to these requirements to ensure proper processing of the interim copy.
For more information on filing requirements, visit: filing requirements.
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.
Submitting an interim copy of a foreign application electronically involves specific procedures. The MPEP provides guidance:
‘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.’
Key points for electronic submission:
- File as a single PDF image file when possible
- Use the document description ‘Interim Copy of the Foreign Priority Application’ when indexing
- For plain text files, use the description ‘Interim Copy of the Foreign Priority (text file)’
- XML files, like Standard ST.26 Sequence Listings, should be filed on a read-only optical disc
Proper indexing and file format selection are crucial for successful electronic submission.
For more information on electronic submission, visit: electronic submission.
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.
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.
Filing an interim copy of a foreign application electronically can be done through the USPTO patent electronic filing system. The MPEP provides guidance on how to file different parts of the application:
- Main parts (Abstract, Drawings, Specification, Claims) and the cover sheet can be filed as a single PDF file.
- Text-only files (e.g., Sequence Listings, Large Tables) can be filed as .txt files.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc.
The MPEP states: 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.
For more information on electronic filing, refer to MPEP § 502.05.
To learn more:
No, filing an interim copy does not replace the need for a certified copy of the foreign application. While an interim copy satisfies the timeliness requirement, a certified copy is still required. The MPEP clarifies this point:
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 allows applicants to meet initial deadlines, but they must still provide a certified copy of the foreign application during the pendency of the U.S. application, unless they file a specific petition.
To learn more:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims (4)
An ‘interim copy’ is a true copy of the original foreign application that an applicant can file to meet the timeliness requirement when they cannot obtain a certified copy within the time limit. According to 37 CFR 1.55(j), the interim copy must be clearly labeled as ‘Interim Copy’ and filed with a cover sheet stating it is a true copy of the original foreign application.
A certified copy of the foreign application must be filed within the time period set in 37 CFR 1.55, which is the later of four months from the filing date of the US application or sixteen months from the foreign application filing date.
The certified copy requirement will be considered satisfied in a national stage application under 35 U.S.C. 371 if a certified copy was filed in the international application and the copy is present in the national stage application. See MPEP § 215.
A certified copy is also not required if the foreign priority application was filed in a participating foreign intellectual property office and the USPTO retrieves a copy via the priority document exchange program. See MPEP § 215.01.
An interim copy of the foreign application may also be filed to meet the timeliness requirement. See 37 CFR 1.55(j) and MPEP § 215.02(b).
When filing an interim copy via the USPTO patent electronic filing system:
- The main parts of the foreign priority application (Abstract, Drawings, Specification, Claims, etc.) along with the cover sheet may be filed as a single PDF image file.
- Select the document description ‘Interim Copy of the Foreign Priority Application’ when indexing.
- For plain text files (e.g., Sequence Listings), file as a .txt file and select ‘Interim Copy of the Foreign Priority (text file)’ as the document description.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc as part of the ‘Interim Copy of Foreign Priority.’
See MPEP § 502.05 for more information on filing documents electronically.
Yes, under 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:
- 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, is filed in the Office together with a separate cover sheet identifying the foreign application and stating that the copy is a true copy of the original application as filed; and
- The copy of the foreign application and cover sheet are filed within the later of sixteen months from the filing date of the prior foreign application, four months from the actual filing date of an application under 35 U.S.C. 111(a), or four months from the date the national stage commenced under 35 U.S.C. 371(b) or (f) of an international application.
However, 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. See MPEP 215.02(b).
MPEP 214-Formal Requirements of Claim for Foreign Priority (1)
A certified copy of the foreign application must be filed within the time period set in 37 CFR 1.55, which is the later of four months from the filing date of the US application or sixteen months from the foreign application filing date.
The certified copy requirement will be considered satisfied in a national stage application under 35 U.S.C. 371 if a certified copy was filed in the international application and the copy is present in the national stage application. See MPEP § 215.
A certified copy is also not required if the foreign priority application was filed in a participating foreign intellectual property office and the USPTO retrieves a copy via the priority document exchange program. See MPEP § 215.01.
An interim copy of the foreign application may also be filed to meet the timeliness requirement. See 37 CFR 1.55(j) and MPEP § 215.02(b).
MPEP 215-Certified Copy of Foreign Application (7)
An ‘interim copy’ is a true copy of the original foreign application that an applicant can file to meet the timeliness requirement when they cannot obtain a certified copy within the time limit. According to 37 CFR 1.55(j), the interim copy must be clearly labeled as ‘Interim Copy’ and filed with a cover sheet stating it is a true copy of the original foreign application.
An ‘interim copy’ is a copy of the original foreign application from the applicant’s own records that can be submitted to satisfy the timeliness requirement for certified copies. According to 37 CFR 1.55(j):
- The copy must be clearly labeled as ‘Interim Copy’
- It must be filed with a cover sheet identifying the foreign application
- It must be filed within the same time period as required for certified copies
- A certified copy must still be filed during the pendency of the application
This provision allows applicants to meet the deadline even if they cannot obtain a certified copy in time, although there is no requirement to show inability to obtain a certified copy to use this option.
For more information on foreign application, visit: foreign application.
For more information on interim copy, visit: interim copy.
The filing requirements for an interim copy of a foreign application are specified in 37 CFR 1.55(j). They include:
- Filing a copy of the original foreign application clearly labeled as ‘Interim Copy’
- Including a separate cover sheet identifying the foreign application details
- Filing within specified time limits
The MPEP states:
’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).’
It’s crucial to adhere to these requirements to ensure proper processing of the interim copy.
For more information on filing requirements, visit: filing requirements.
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.
When filing an interim copy via the USPTO patent electronic filing system:
- The main parts of the foreign priority application (Abstract, Drawings, Specification, Claims, etc.) along with the cover sheet may be filed as a single PDF image file.
- Select the document description ‘Interim Copy of the Foreign Priority Application’ when indexing.
- For plain text files (e.g., Sequence Listings), file as a .txt file and select ‘Interim Copy of the Foreign Priority (text file)’ as the document description.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc as part of the ‘Interim Copy of Foreign Priority.’
See MPEP § 502.05 for more information on filing documents electronically.
Submitting an interim copy of a foreign application electronically involves specific procedures. The MPEP provides guidance:
‘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.’
Key points for electronic submission:
- File as a single PDF image file when possible
- Use the document description ‘Interim Copy of the Foreign Priority Application’ when indexing
- For plain text files, use the description ‘Interim Copy of the Foreign Priority (text file)’
- XML files, like Standard ST.26 Sequence Listings, should be filed on a read-only optical disc
Proper indexing and file format selection are crucial for successful electronic submission.
For more information on electronic submission, visit: electronic submission.
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.
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.
Yes, under 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:
- 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, is filed in the Office together with a separate cover sheet identifying the foreign application and stating that the copy is a true copy of the original application as filed; and
- The copy of the foreign application and cover sheet are filed within the later of sixteen months from the filing date of the prior foreign application, four months from the actual filing date of an application under 35 U.S.C. 111(a), or four months from the date the national stage commenced under 35 U.S.C. 371(b) or (f) of an international application.
However, 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. See MPEP 215.02(b).
Patent Law (15)
An interim copy of a foreign priority document is a copy that is submitted before the certified copy is available. The MPEP 213.02 provides guidance on when an interim copy is acceptable:
The Office may require that an ‘interim copy’ of the foreign application be furnished in the event that the certified copy of the foreign application is not filed within the time period set forth in 37 CFR 1.55(f) and an exception in 37 CFR 1.55(h), (i), or (j) is not applicable.
An interim copy must:
- Be filed within the later of 4 months from the filing date of the application or 16 months from the filing date of the prior foreign application
- Be a copy of the original foreign application
- Be accompanied by a statement that the copy is a true copy
Note: An interim copy does not substitute the requirement for a certified copy, which must still be filed during the pendency of the application.
To learn more:
An ‘interim copy’ is a true copy of the original foreign application that an applicant can file to meet the timeliness requirement when they cannot obtain a certified copy within the time limit. According to 37 CFR 1.55(j), the interim copy must be clearly labeled as ‘Interim Copy’ and filed with a cover sheet stating it is a true copy of the original foreign application.
An ‘interim copy’ is a mechanism provided by 37 CFR 1.55(j) that allows applicants to meet the timeliness requirement for submitting a certified copy of a foreign application. It’s a copy of the original foreign application that the applicant can provide from their own records when they cannot obtain a certified copy within the time limit set by 37 CFR 1.55(f).
The MPEP states: 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).
To learn more:
An ‘interim copy’ is a copy of the original foreign application from the applicant’s own records that can be submitted to satisfy the timeliness requirement for certified copies. According to 37 CFR 1.55(j):
- The copy must be clearly labeled as ‘Interim Copy’
- It must be filed with a cover sheet identifying the foreign application
- It must be filed within the same time period as required for certified copies
- A certified copy must still be filed during the pendency of the application
This provision allows applicants to meet the deadline even if they cannot obtain a certified copy in time, although there is no requirement to show inability to obtain a certified copy to use this option.
For more information on foreign application, visit: foreign application.
For more information on interim copy, visit: interim copy.
37 CFR 1.55(j) allows an applicant to provide an ‘interim copy’ of the original foreign application to satisfy the requirement for a certified copy to be filed within the time limit set in 37 CFR 1.55(f). An interim copy must:
- Be clearly labeled as ‘Interim Copy’
- Include the specification, drawings, and claims of the foreign application
- Be filed with a separate cover sheet identifying the foreign application
- Be filed within the later of 16 months from the foreign filing date or 4 months from the actual U.S. filing date
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).
To learn more:
The time limits for filing an interim copy of a foreign application are specified in 37 CFR 1.55(j). According to the MPEP:
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).
In summary, the interim copy must be filed within:
- 16 months from the filing date of the foreign application, or
- 4 months from the U.S. application filing date under 35 U.S.C. 111(a), or
- 4 months from the national stage commencement or initial submission date under 35 U.S.C. 371, or
- With a petition under 37 CFR 1.55(e) or (f)
To learn more:
A certified copy of the foreign application must be filed within the time period set in 37 CFR 1.55, which is the later of four months from the filing date of the US application or sixteen months from the foreign application filing date.
The certified copy requirement will be considered satisfied in a national stage application under 35 U.S.C. 371 if a certified copy was filed in the international application and the copy is present in the national stage application. See MPEP § 215.
A certified copy is also not required if the foreign priority application was filed in a participating foreign intellectual property office and the USPTO retrieves a copy via the priority document exchange program. See MPEP § 215.01.
An interim copy of the foreign application may also be filed to meet the timeliness requirement. See 37 CFR 1.55(j) and MPEP § 215.02(b).
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:
The filing requirements for an interim copy of a foreign application are specified in 37 CFR 1.55(j). They include:
- Filing a copy of the original foreign application clearly labeled as ‘Interim Copy’
- Including a separate cover sheet identifying the foreign application details
- Filing within specified time limits
The MPEP states:
’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).’
It’s crucial to adhere to these requirements to ensure proper processing of the interim copy.
For more information on filing requirements, visit: filing requirements.
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.
When filing an interim copy via the USPTO patent electronic filing system:
- The main parts of the foreign priority application (Abstract, Drawings, Specification, Claims, etc.) along with the cover sheet may be filed as a single PDF image file.
- Select the document description ‘Interim Copy of the Foreign Priority Application’ when indexing.
- For plain text files (e.g., Sequence Listings), file as a .txt file and select ‘Interim Copy of the Foreign Priority (text file)’ as the document description.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc as part of the ‘Interim Copy of Foreign Priority.’
See MPEP § 502.05 for more information on filing documents electronically.
Submitting an interim copy of a foreign application electronically involves specific procedures. The MPEP provides guidance:
‘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.’
Key points for electronic submission:
- File as a single PDF image file when possible
- Use the document description ‘Interim Copy of the Foreign Priority Application’ when indexing
- For plain text files, use the description ‘Interim Copy of the Foreign Priority (text file)’
- XML files, like Standard ST.26 Sequence Listings, should be filed on a read-only optical disc
Proper indexing and file format selection are crucial for successful electronic submission.
For more information on electronic submission, visit: electronic submission.
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.
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.
Filing an interim copy of a foreign application electronically can be done through the USPTO patent electronic filing system. The MPEP provides guidance on how to file different parts of the application:
- Main parts (Abstract, Drawings, Specification, Claims) and the cover sheet can be filed as a single PDF file.
- Text-only files (e.g., Sequence Listings, Large Tables) can be filed as .txt files.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc.
The MPEP states: 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.
For more information on electronic filing, refer to MPEP § 502.05.
To learn more:
No, filing an interim copy does not replace the need for a certified copy of the foreign application. While an interim copy satisfies the timeliness requirement, a certified copy is still required. The MPEP clarifies this point:
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 allows applicants to meet initial deadlines, but they must still provide a certified copy of the foreign application during the pendency of the U.S. application, unless they file a specific petition.
To learn more:
Yes, under 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:
- 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, is filed in the Office together with a separate cover sheet identifying the foreign application and stating that the copy is a true copy of the original application as filed; and
- The copy of the foreign application and cover sheet are filed within the later of sixteen months from the filing date of the prior foreign application, four months from the actual filing date of an application under 35 U.S.C. 111(a), or four months from the date the national stage commenced under 35 U.S.C. 371(b) or (f) of an international application.
However, 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. See MPEP 215.02(b).
Patent Procedure (15)
An interim copy of a foreign priority document is a copy that is submitted before the certified copy is available. The MPEP 213.02 provides guidance on when an interim copy is acceptable:
The Office may require that an ‘interim copy’ of the foreign application be furnished in the event that the certified copy of the foreign application is not filed within the time period set forth in 37 CFR 1.55(f) and an exception in 37 CFR 1.55(h), (i), or (j) is not applicable.
An interim copy must:
- Be filed within the later of 4 months from the filing date of the application or 16 months from the filing date of the prior foreign application
- Be a copy of the original foreign application
- Be accompanied by a statement that the copy is a true copy
Note: An interim copy does not substitute the requirement for a certified copy, which must still be filed during the pendency of the application.
To learn more:
An ‘interim copy’ is a true copy of the original foreign application that an applicant can file to meet the timeliness requirement when they cannot obtain a certified copy within the time limit. According to 37 CFR 1.55(j), the interim copy must be clearly labeled as ‘Interim Copy’ and filed with a cover sheet stating it is a true copy of the original foreign application.
An ‘interim copy’ is a mechanism provided by 37 CFR 1.55(j) that allows applicants to meet the timeliness requirement for submitting a certified copy of a foreign application. It’s a copy of the original foreign application that the applicant can provide from their own records when they cannot obtain a certified copy within the time limit set by 37 CFR 1.55(f).
The MPEP states: 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).
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An ‘interim copy’ is a copy of the original foreign application from the applicant’s own records that can be submitted to satisfy the timeliness requirement for certified copies. According to 37 CFR 1.55(j):
- The copy must be clearly labeled as ‘Interim Copy’
- It must be filed with a cover sheet identifying the foreign application
- It must be filed within the same time period as required for certified copies
- A certified copy must still be filed during the pendency of the application
This provision allows applicants to meet the deadline even if they cannot obtain a certified copy in time, although there is no requirement to show inability to obtain a certified copy to use this option.
For more information on foreign application, visit: foreign application.
For more information on interim copy, visit: interim copy.
37 CFR 1.55(j) allows an applicant to provide an ‘interim copy’ of the original foreign application to satisfy the requirement for a certified copy to be filed within the time limit set in 37 CFR 1.55(f). An interim copy must:
- Be clearly labeled as ‘Interim Copy’
- Include the specification, drawings, and claims of the foreign application
- Be filed with a separate cover sheet identifying the foreign application
- Be filed within the later of 16 months from the foreign filing date or 4 months from the actual U.S. filing date
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).
To learn more:
The time limits for filing an interim copy of a foreign application are specified in 37 CFR 1.55(j). According to the MPEP:
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).
In summary, the interim copy must be filed within:
- 16 months from the filing date of the foreign application, or
- 4 months from the U.S. application filing date under 35 U.S.C. 111(a), or
- 4 months from the national stage commencement or initial submission date under 35 U.S.C. 371, or
- With a petition under 37 CFR 1.55(e) or (f)
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A certified copy of the foreign application must be filed within the time period set in 37 CFR 1.55, which is the later of four months from the filing date of the US application or sixteen months from the foreign application filing date.
The certified copy requirement will be considered satisfied in a national stage application under 35 U.S.C. 371 if a certified copy was filed in the international application and the copy is present in the national stage application. See MPEP § 215.
A certified copy is also not required if the foreign priority application was filed in a participating foreign intellectual property office and the USPTO retrieves a copy via the priority document exchange program. See MPEP § 215.01.
An interim copy of the foreign application may also be filed to meet the timeliness requirement. See 37 CFR 1.55(j) and MPEP § 215.02(b).
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:
The filing requirements for an interim copy of a foreign application are specified in 37 CFR 1.55(j). They include:
- Filing a copy of the original foreign application clearly labeled as ‘Interim Copy’
- Including a separate cover sheet identifying the foreign application details
- Filing within specified time limits
The MPEP states:
’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).’
It’s crucial to adhere to these requirements to ensure proper processing of the interim copy.
For more information on filing requirements, visit: filing requirements.
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.
When filing an interim copy via the USPTO patent electronic filing system:
- The main parts of the foreign priority application (Abstract, Drawings, Specification, Claims, etc.) along with the cover sheet may be filed as a single PDF image file.
- Select the document description ‘Interim Copy of the Foreign Priority Application’ when indexing.
- For plain text files (e.g., Sequence Listings), file as a .txt file and select ‘Interim Copy of the Foreign Priority (text file)’ as the document description.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc as part of the ‘Interim Copy of Foreign Priority.’
See MPEP § 502.05 for more information on filing documents electronically.
Submitting an interim copy of a foreign application electronically involves specific procedures. The MPEP provides guidance:
‘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.’
Key points for electronic submission:
- File as a single PDF image file when possible
- Use the document description ‘Interim Copy of the Foreign Priority Application’ when indexing
- For plain text files, use the description ‘Interim Copy of the Foreign Priority (text file)’
- XML files, like Standard ST.26 Sequence Listings, should be filed on a read-only optical disc
Proper indexing and file format selection are crucial for successful electronic submission.
For more information on electronic submission, visit: electronic submission.
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.
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.
Filing an interim copy of a foreign application electronically can be done through the USPTO patent electronic filing system. The MPEP provides guidance on how to file different parts of the application:
- Main parts (Abstract, Drawings, Specification, Claims) and the cover sheet can be filed as a single PDF file.
- Text-only files (e.g., Sequence Listings, Large Tables) can be filed as .txt files.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc.
The MPEP states: 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.
For more information on electronic filing, refer to MPEP § 502.05.
To learn more:
No, filing an interim copy does not replace the need for a certified copy of the foreign application. While an interim copy satisfies the timeliness requirement, a certified copy is still required. The MPEP clarifies this point:
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 allows applicants to meet initial deadlines, but they must still provide a certified copy of the foreign application during the pendency of the U.S. application, unless they file a specific petition.
To learn more:
Yes, under 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:
- 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, is filed in the Office together with a separate cover sheet identifying the foreign application and stating that the copy is a true copy of the original application as filed; and
- The copy of the foreign application and cover sheet are filed within the later of sixteen months from the filing date of the prior foreign application, four months from the actual filing date of an application under 35 U.S.C. 111(a), or four months from the date the national stage commenced under 35 U.S.C. 371(b) or (f) of an international application.
However, 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. See MPEP 215.02(b).