What is the time limit for filing a certified copy of a foreign application?
The time limit for filing a certified copy of a foreign application depends on the type of application: For applications under 35 U.S.C. 111(a): 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…
Read MoreWhat are the time limits for filing a certified copy in an international design application?
The time limits for filing a certified copy in an international design application are: General rule: Within the later of four months from the filing date of the international design application, or sixteen months from the filing date of the prior foreign application. Exception: These time limits do not apply if the priority document is…
Read MoreWhat is an ‘interim copy’ of a foreign application and how can it satisfy the certified copy requirement?
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…
Read MoreWhat is an ‘interim copy’ of a foreign application in patent filings?
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…
Read MoreWhat is an interim copy of a foreign priority document and when is it acceptable?
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…
Read MoreDoes filing an interim copy replace the need for a certified copy of the foreign application?
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…
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