How can I satisfy the timeliness requirement for submitting certified copies of foreign applications?

The timeliness requirement for submitting certified copies of foreign applications can be satisfied through the Priority Document Exchange program. According to 37 CFR 1.55(i), the requirement will be considered satisfied if:

  • The foreign application was filed in a participating foreign intellectual property office
  • The claim for priority is presented in an application data sheet with the required information
  • The copy of the foreign application is received by the USPTO from the participating foreign office within the specified time period

The MPEP states, Applicants continue to bear the ultimate responsibility for ensuring that the priority document is filed during the pendency of the application and before the patent is issued. Therefore, it’s crucial to verify that the USPTO has received the priority document.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: certified copies, foreign applications, priority document exchange