Can an interim copy of the foreign priority application be filed to meet the certified copy requirement?

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…

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What information appears on the front page of a patent regarding foreign priority claims?

The front page of a patent includes the following information regarding foreign priority claims: The country of the foreign application The filing date of the foreign application The number of the foreign application This information is included for applications where the bib-data sheet has been properly endorsed. As stated in the MPEP: “The front page…

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Can the foreign priority application be filed by an assignee, legal representative or agent of the inventor?

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…

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What is the time period for filing a certified copy of the foreign priority application in a U.S. application filed on or after March 16, 2013?

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…

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When is the latest a certified copy can be filed for the patent to include the foreign priority claim without a certificate of correction?

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…

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