Patent Law FAQ

The certified copy of the foreign application must be filed before the patent is granted. If the certified copy is filed after payment of the issue fee but prior to the date of grant, the priority claim will be placed in the file record but the patent will not include the priority claim unless corrected after the patent is granted using a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.

For applications filed under 35 U.S.C. 111(a) (other than design applications), a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim must also be filed with the certificate of correction. For all applications, a grantable petition under 37 CFR 1.55(f) or (g) must also be filed with the certificate of correction unless the priority claim was timely made but a certified copy was not yet in the file. See MPEP 215.03.

A Certificate of Correction is appropriate for perfecting a foreign priority claim in the following situations:

1. When the priority claim was timely filed in the application but was not included on the patent because the requirement for a certified copy was not satisfied. In this case, a grantable petition under 37 CFR 1.55(f) or 37 CFR 1.55(g) for design applications is also required.
2. When a priority claim under 37 CFR 1.55 was not timely made, but the correction sought would not require further examination.

The MPEP states: “Effective May 13, 2015, 37 CFR 1.55(g) provides that the claim for priority and the certified copy of the foreign application must be filed within the pendency of the application, unless filed with a petition under 37 CFR 1.55(e), (f), or (g) as appropriate. 37 CFR 1.55(g) eliminates the need in many instances to file a reissue application in order to perfect a claim for foreign priority.” (MPEP 216.01)

For an original application filed under 35 U.S.C. 111(a) on or after March 16, 2013, a certified copy of the foreign application must be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application, except as provided in 37 CFR 1.55(h), (i), and (j). See MPEP 215.02.

For an international application entering the national stage under 35 U.S.C. 371 in which the national stage commenced on or after December 18, 2013, a certified copy of the foreign application must be filed within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior foreign application, except as provided in 37 CFR 1.55(h), (i), and (j). See MPEP 215.02.

A certified copy of a foreign application is an official copy of the foreign patent application, certified by the patent office where it was filed. It is required to perfect a claim of foreign priority in a U.S. patent application.

According to 37 CFR 1.55(f), for applications filed on or after March 16, 2013:

“A certified copy of the foreign application must be filed within the later of four months from the actual filing date of the application, or sixteen months from the filing date of the prior foreign application, in an original application under 35 U.S.C. 111(a) filed on or after March 16, 2013, except as provided in paragraphs (h), (i), and (j) of this section.”

There are exceptions to this requirement, such as when the foreign application was filed in a foreign intellectual property office participating in a priority document exchange agreement with the USPTO. In such cases, the applicant can request that the USPTO retrieve the certified copy electronically.

The following conditions and requirements need to be met to add omitted material to an application under 37 CFR 1.57(b):n

n
1. The application must have been filed on or after September 21, 2004

n

2. All or a portion of the specification or drawing(s) must have been inadvertently omitted

n

3. A priority claim under 37 CFR 1.55 or benefit claim under 37 CFR 1.78 must have been present on the filing date

n

4. The omitted portion must be completely contained in the prior-filed application

n

5. An amendment to include the omitted portion must be filed within a time period set by the Office

n

6. If not otherwise entitled to a filing date, a petition under 37 CFR 1.53(e) with the fee must also be filed

n

7. A copy of the prior-filed application must be supplied, except where the prior application was filed under 35 U.S.C. 111

n

8. An English translation of any non-English prior-filed application must be supplied

n

9. The location of the omitted portion in the prior-filed application must be identified

Claiming priority to a PCT international application can be done in two ways:

1. In a U.S. national stage application under 35 U.S.C. 371:
   • The priority claim is made in the PCT application
   • No further action is needed when entering the national stage
2. In a U.S. nonprovisional application under 35 U.S.C. 111(a):
   • File within 12 months of the PCT filing date
   • Make the priority claim in an application data sheet
   • Provide a certified copy of the PCT application (unless already filed with the PCT)

In both cases, the PCT application must designate the United States. The specific requirements are detailed in 37 CFR 1.55(d)(2) and (f)(2) for national stage applications, and 37 CFR 1.55(d)(1) and (f)(1) for applications under 35 U.S.C. 111(a).

A claim for foreign priority can be perfected after a patent has been issued through two main methods:

1. Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323
2. Reissue application

The choice of method depends on the specific circumstances:

• A Certificate of Correction can be used if the requirements of 37 CFR 1.55 are met and no further examination is required.
• A reissue application is necessary if the requirements of 35 U.S.C. 119(a)-(d) or (f) were not satisfied in the patented application or its parent prior to issuance, or if further examination would be required.

The MPEP states: “The failure to perfect a claim to foreign priority prior to issuance of the patent may be cured via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, provided the requirements of 37 CFR 1.55 are met, or by filing a reissue application.” (MPEP 216.01)

Yes, the foreign application may have been filed by and in the name of the assignee or legal representative or agent of the inventor, as applicant.

If the certified copy of the foreign application corresponds with the one identified in the U.S. application and no discrepancies appear, it may be assumed the U.S. application is entitled to claim priority to the foreign application.

If the U.S. application and the certified copy do not name the same inventor or have at least one joint inventor in common, the priority date should be refused until the inconsistency is resolved. [MPEP 216]

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:

1. 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
2. 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).

A certified copy of a foreign application is an official copy of the foreign patent application, certified by the patent office where it was filed. It is required to perfect a claim of foreign priority in a U.S. patent application.

According to 37 CFR 1.55(f), for applications filed on or after March 16, 2013:

“A certified copy of the foreign application must be filed within the later of four months from the actual filing date of the application, or sixteen months from the filing date of the prior foreign application, in an original application under 35 U.S.C. 111(a) filed on or after March 16, 2013, except as provided in paragraphs (h), (i), and (j) of this section.”

There are exceptions to this requirement, such as when the foreign application was filed in a foreign intellectual property office participating in a priority document exchange agreement with the USPTO. In such cases, the applicant can request that the USPTO retrieve the certified copy electronically.

Claiming priority to a PCT international application can be done in two ways:

1. In a U.S. national stage application under 35 U.S.C. 371:
   • The priority claim is made in the PCT application
   • No further action is needed when entering the national stage
2. In a U.S. nonprovisional application under 35 U.S.C. 111(a):
   • File within 12 months of the PCT filing date
   • Make the priority claim in an application data sheet
   • Provide a certified copy of the PCT application (unless already filed with the PCT)

In both cases, the PCT application must designate the United States. The specific requirements are detailed in 37 CFR 1.55(d)(2) and (f)(2) for national stage applications, and 37 CFR 1.55(d)(1) and (f)(1) for applications under 35 U.S.C. 111(a).

The certified copy of the foreign application must be filed before the patent is granted. If the certified copy is filed after payment of the issue fee but prior to the date of grant, the priority claim will be placed in the file record but the patent will not include the priority claim unless corrected after the patent is granted using a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.

For applications filed under 35 U.S.C. 111(a) (other than design applications), a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim must also be filed with the certificate of correction. For all applications, a grantable petition under 37 CFR 1.55(f) or (g) must also be filed with the certificate of correction unless the priority claim was timely made but a certified copy was not yet in the file. See MPEP 215.03.

For an original application filed under 35 U.S.C. 111(a) on or after March 16, 2013, a certified copy of the foreign application must be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application, except as provided in 37 CFR 1.55(h), (i), and (j). See MPEP 215.02.

For an international application entering the national stage under 35 U.S.C. 371 in which the national stage commenced on or after December 18, 2013, a certified copy of the foreign application must be filed within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior foreign application, except as provided in 37 CFR 1.55(h), (i), and (j). See MPEP 215.02.

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:

1. 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
2. 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).

A Certificate of Correction is appropriate for perfecting a foreign priority claim in the following situations:

1. When the priority claim was timely filed in the application but was not included on the patent because the requirement for a certified copy was not satisfied. In this case, a grantable petition under 37 CFR 1.55(f) or 37 CFR 1.55(g) for design applications is also required.
2. When a priority claim under 37 CFR 1.55 was not timely made, but the correction sought would not require further examination.

The MPEP states: “Effective May 13, 2015, 37 CFR 1.55(g) provides that the claim for priority and the certified copy of the foreign application must be filed within the pendency of the application, unless filed with a petition under 37 CFR 1.55(e), (f), or (g) as appropriate. 37 CFR 1.55(g) eliminates the need in many instances to file a reissue application in order to perfect a claim for foreign priority.” (MPEP 216.01)

A claim for foreign priority can be perfected after a patent has been issued through two main methods:

1. Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323
2. Reissue application

The choice of method depends on the specific circumstances:

• A Certificate of Correction can be used if the requirements of 37 CFR 1.55 are met and no further examination is required.
• A reissue application is necessary if the requirements of 35 U.S.C. 119(a)-(d) or (f) were not satisfied in the patented application or its parent prior to issuance, or if further examination would be required.

The MPEP states: “The failure to perfect a claim to foreign priority prior to issuance of the patent may be cured via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, provided the requirements of 37 CFR 1.55 are met, or by filing a reissue application.” (MPEP 216.01)

Yes, the foreign application may have been filed by and in the name of the assignee or legal representative or agent of the inventor, as applicant.

If the certified copy of the foreign application corresponds with the one identified in the U.S. application and no discrepancies appear, it may be assumed the U.S. application is entitled to claim priority to the foreign application.

If the U.S. application and the certified copy do not name the same inventor or have at least one joint inventor in common, the priority date should be refused until the inconsistency is resolved. [MPEP 216]

The following conditions and requirements need to be met to add omitted material to an application under 37 CFR 1.57(b):n

n
1. The application must have been filed on or after September 21, 2004

n

2. All or a portion of the specification or drawing(s) must have been inadvertently omitted

n

3. A priority claim under 37 CFR 1.55 or benefit claim under 37 CFR 1.78 must have been present on the filing date

n

4. The omitted portion must be completely contained in the prior-filed application

n

5. An amendment to include the omitted portion must be filed within a time period set by the Office

n

6. If not otherwise entitled to a filing date, a petition under 37 CFR 1.53(e) with the fee must also be filed

n

7. A copy of the prior-filed application must be supplied, except where the prior application was filed under 35 U.S.C. 111

n

8. An English translation of any non-English prior-filed application must be supplied

n

9. The location of the omitted portion in the prior-filed application must be identified

The certified copy of the foreign application must be filed before the patent is granted. If the certified copy is filed after payment of the issue fee but prior to the date of grant, the priority claim will be placed in the file record but the patent will not include the priority claim unless corrected after the patent is granted using a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.

For applications filed under 35 U.S.C. 111(a) (other than design applications), a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim must also be filed with the certificate of correction. For all applications, a grantable petition under 37 CFR 1.55(f) or (g) must also be filed with the certificate of correction unless the priority claim was timely made but a certified copy was not yet in the file. See MPEP 215.03.

A Certificate of Correction is appropriate for perfecting a foreign priority claim in the following situations:

1. When the priority claim was timely filed in the application but was not included on the patent because the requirement for a certified copy was not satisfied. In this case, a grantable petition under 37 CFR 1.55(f) or 37 CFR 1.55(g) for design applications is also required.
2. When a priority claim under 37 CFR 1.55 was not timely made, but the correction sought would not require further examination.

The MPEP states: “Effective May 13, 2015, 37 CFR 1.55(g) provides that the claim for priority and the certified copy of the foreign application must be filed within the pendency of the application, unless filed with a petition under 37 CFR 1.55(e), (f), or (g) as appropriate. 37 CFR 1.55(g) eliminates the need in many instances to file a reissue application in order to perfect a claim for foreign priority.” (MPEP 216.01)

For an original application filed under 35 U.S.C. 111(a) on or after March 16, 2013, a certified copy of the foreign application must be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application, except as provided in 37 CFR 1.55(h), (i), and (j). See MPEP 215.02.

For an international application entering the national stage under 35 U.S.C. 371 in which the national stage commenced on or after December 18, 2013, a certified copy of the foreign application must be filed within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior foreign application, except as provided in 37 CFR 1.55(h), (i), and (j). See MPEP 215.02.

A certified copy of a foreign application is an official copy of the foreign patent application, certified by the patent office where it was filed. It is required to perfect a claim of foreign priority in a U.S. patent application.

According to 37 CFR 1.55(f), for applications filed on or after March 16, 2013:

“A certified copy of the foreign application must be filed within the later of four months from the actual filing date of the application, or sixteen months from the filing date of the prior foreign application, in an original application under 35 U.S.C. 111(a) filed on or after March 16, 2013, except as provided in paragraphs (h), (i), and (j) of this section.”

There are exceptions to this requirement, such as when the foreign application was filed in a foreign intellectual property office participating in a priority document exchange agreement with the USPTO. In such cases, the applicant can request that the USPTO retrieve the certified copy electronically.

The following conditions and requirements need to be met to add omitted material to an application under 37 CFR 1.57(b):n

n
1. The application must have been filed on or after September 21, 2004

n

2. All or a portion of the specification or drawing(s) must have been inadvertently omitted

n

3. A priority claim under 37 CFR 1.55 or benefit claim under 37 CFR 1.78 must have been present on the filing date

n

4. The omitted portion must be completely contained in the prior-filed application

n

5. An amendment to include the omitted portion must be filed within a time period set by the Office

n

6. If not otherwise entitled to a filing date, a petition under 37 CFR 1.53(e) with the fee must also be filed

n

7. A copy of the prior-filed application must be supplied, except where the prior application was filed under 35 U.S.C. 111

n

8. An English translation of any non-English prior-filed application must be supplied

n

9. The location of the omitted portion in the prior-filed application must be identified

Claiming priority to a PCT international application can be done in two ways:

1. In a U.S. national stage application under 35 U.S.C. 371:
   • The priority claim is made in the PCT application
   • No further action is needed when entering the national stage
2. In a U.S. nonprovisional application under 35 U.S.C. 111(a):
   • File within 12 months of the PCT filing date
   • Make the priority claim in an application data sheet
   • Provide a certified copy of the PCT application (unless already filed with the PCT)

In both cases, the PCT application must designate the United States. The specific requirements are detailed in 37 CFR 1.55(d)(2) and (f)(2) for national stage applications, and 37 CFR 1.55(d)(1) and (f)(1) for applications under 35 U.S.C. 111(a).

A claim for foreign priority can be perfected after a patent has been issued through two main methods:

1. Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323
2. Reissue application

The choice of method depends on the specific circumstances:

• A Certificate of Correction can be used if the requirements of 37 CFR 1.55 are met and no further examination is required.
• A reissue application is necessary if the requirements of 35 U.S.C. 119(a)-(d) or (f) were not satisfied in the patented application or its parent prior to issuance, or if further examination would be required.

The MPEP states: “The failure to perfect a claim to foreign priority prior to issuance of the patent may be cured via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, provided the requirements of 37 CFR 1.55 are met, or by filing a reissue application.” (MPEP 216.01)

Yes, the foreign application may have been filed by and in the name of the assignee or legal representative or agent of the inventor, as applicant.

If the certified copy of the foreign application corresponds with the one identified in the U.S. application and no discrepancies appear, it may be assumed the U.S. application is entitled to claim priority to the foreign application.

If the U.S. application and the certified copy do not name the same inventor or have at least one joint inventor in common, the priority date should be refused until the inconsistency is resolved. [MPEP 216]

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:

1. 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
2. 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).

The certified copy of the foreign application must be filed before the patent is granted. If the certified copy is filed after payment of the issue fee but prior to the date of grant, the priority claim will be placed in the file record but the patent will not include the priority claim unless corrected after the patent is granted using a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.

For applications filed under 35 U.S.C. 111(a) (other than design applications), a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim must also be filed with the certificate of correction. For all applications, a grantable petition under 37 CFR 1.55(f) or (g) must also be filed with the certificate of correction unless the priority claim was timely made but a certified copy was not yet in the file. See MPEP 215.03.

A Certificate of Correction is appropriate for perfecting a foreign priority claim in the following situations:

1. When the priority claim was timely filed in the application but was not included on the patent because the requirement for a certified copy was not satisfied. In this case, a grantable petition under 37 CFR 1.55(f) or 37 CFR 1.55(g) for design applications is also required.
2. When a priority claim under 37 CFR 1.55 was not timely made, but the correction sought would not require further examination.

The MPEP states: “Effective May 13, 2015, 37 CFR 1.55(g) provides that the claim for priority and the certified copy of the foreign application must be filed within the pendency of the application, unless filed with a petition under 37 CFR 1.55(e), (f), or (g) as appropriate. 37 CFR 1.55(g) eliminates the need in many instances to file a reissue application in order to perfect a claim for foreign priority.” (MPEP 216.01)

For an original application filed under 35 U.S.C. 111(a) on or after March 16, 2013, a certified copy of the foreign application must be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application, except as provided in 37 CFR 1.55(h), (i), and (j). See MPEP 215.02.

For an international application entering the national stage under 35 U.S.C. 371 in which the national stage commenced on or after December 18, 2013, a certified copy of the foreign application must be filed within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior foreign application, except as provided in 37 CFR 1.55(h), (i), and (j). See MPEP 215.02.

A certified copy of a foreign application is an official copy of the foreign patent application, certified by the patent office where it was filed. It is required to perfect a claim of foreign priority in a U.S. patent application.

According to 37 CFR 1.55(f), for applications filed on or after March 16, 2013:

“A certified copy of the foreign application must be filed within the later of four months from the actual filing date of the application, or sixteen months from the filing date of the prior foreign application, in an original application under 35 U.S.C. 111(a) filed on or after March 16, 2013, except as provided in paragraphs (h), (i), and (j) of this section.”

There are exceptions to this requirement, such as when the foreign application was filed in a foreign intellectual property office participating in a priority document exchange agreement with the USPTO. In such cases, the applicant can request that the USPTO retrieve the certified copy electronically.

The following conditions and requirements need to be met to add omitted material to an application under 37 CFR 1.57(b):n

n
1. The application must have been filed on or after September 21, 2004

n

2. All or a portion of the specification or drawing(s) must have been inadvertently omitted

n

3. A priority claim under 37 CFR 1.55 or benefit claim under 37 CFR 1.78 must have been present on the filing date

n

4. The omitted portion must be completely contained in the prior-filed application

n

5. An amendment to include the omitted portion must be filed within a time period set by the Office

n

6. If not otherwise entitled to a filing date, a petition under 37 CFR 1.53(e) with the fee must also be filed

n

7. A copy of the prior-filed application must be supplied, except where the prior application was filed under 35 U.S.C. 111

n

8. An English translation of any non-English prior-filed application must be supplied

n

9. The location of the omitted portion in the prior-filed application must be identified

Claiming priority to a PCT international application can be done in two ways:

1. In a U.S. national stage application under 35 U.S.C. 371:
   • The priority claim is made in the PCT application
   • No further action is needed when entering the national stage
2. In a U.S. nonprovisional application under 35 U.S.C. 111(a):
   • File within 12 months of the PCT filing date
   • Make the priority claim in an application data sheet
   • Provide a certified copy of the PCT application (unless already filed with the PCT)

In both cases, the PCT application must designate the United States. The specific requirements are detailed in 37 CFR 1.55(d)(2) and (f)(2) for national stage applications, and 37 CFR 1.55(d)(1) and (f)(1) for applications under 35 U.S.C. 111(a).

A claim for foreign priority can be perfected after a patent has been issued through two main methods:

1. Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323
2. Reissue application

The choice of method depends on the specific circumstances:

• A Certificate of Correction can be used if the requirements of 37 CFR 1.55 are met and no further examination is required.
• A reissue application is necessary if the requirements of 35 U.S.C. 119(a)-(d) or (f) were not satisfied in the patented application or its parent prior to issuance, or if further examination would be required.

The MPEP states: “The failure to perfect a claim to foreign priority prior to issuance of the patent may be cured via a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323, provided the requirements of 37 CFR 1.55 are met, or by filing a reissue application.” (MPEP 216.01)

Yes, the foreign application may have been filed by and in the name of the assignee or legal representative or agent of the inventor, as applicant.

If the certified copy of the foreign application corresponds with the one identified in the U.S. application and no discrepancies appear, it may be assumed the U.S. application is entitled to claim priority to the foreign application.

If the U.S. application and the certified copy do not name the same inventor or have at least one joint inventor in common, the priority date should be refused until the inconsistency is resolved. [MPEP 216]

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:

1. 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
2. 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).