Does 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 certified copy of the foreign application to be filed within the time limit set forth in 37 CFR 1.55(f), but 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.
In essence, the interim copy allows applicants to meet initial deadlines, but they must still provide a certified copy of the foreign application during the pendency of the U.S. application, unless they file a specific petition.
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