What is an ‘interim copy’ of a foreign application and when can it be used?
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…
Read MoreWhat are the filing requirements for an interim copy of a foreign application?
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…
Read MoreHow is an interim copy of a foreign application different from a certified copy?
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…
Read MoreHow should an interim copy of a foreign application be submitted 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…
Read MoreHow can I file an interim copy of a foreign application electronically?
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,…
Read MoreCan 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…
Read MoreWhat is an ‘interim copy’ of a foreign priority application?
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…
Read MoreHow should the interim copy be filed via the USPTO patent electronic filing system?
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…
Read MoreWhat are the requirements for the certified copy of the foreign priority 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…
Read MoreWhat are the requirements for submitting an interim copy of a foreign priority application?
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…
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