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:

  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).

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, MPEP 215-Certified Copy of Foreign Application, Patent Law, Patent Procedure
Tags: 37 CFR 1.55, certified copy, foreign application, interim copy, perfecting priority claim, timeliness