What is the right of priority in international patent law?
The right of priority in international patent law refers to the right to rely on a foreign application when filing a patent application in another country. This concept originated in the Paris Convention for the Protection of Industrial Property, which the United States adhered to in 1887. As stated in the MPEP: The right to…
Read MoreHow can I satisfy the requirement for a certified copy of a foreign application in a continuing application?
In a continuing application, you can satisfy the requirement for a certified copy of a foreign application without actually filing the certified copy again. According to 37 CFR 1.55(h): The requirement for a certified copy of the foreign application will be considered satisfied in an application if a prior-filed nonprovisional application for which a benefit…
Read MoreWhat 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 an interim copy of a foreign application?
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…
Read MoreWhat is the time limit for filing a U.S. nonprovisional application claiming priority to a foreign application?
The time limit for filing a U.S. nonprovisional application claiming priority to a foreign application is generally 12 months from the filing date of the foreign application. For design applications, the time limit is 6 months. As stated in the MPEP, The United States nonprovisional application must be filed not later than twelve months (six…
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 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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