How can the requirement for a certified copy be satisfied if the foreign application was filed in a foreign intellectual property office participating in a priority document exchange agreement?

Under 37 CFR 1.55(i), the requirement for a certified copy of the foreign application will be considered satisfied if:

  1. The foreign application was filed in a foreign intellectual property office participating with the USPTO in a bilateral or multilateral priority document exchange agreement;
  2. The claim for priority is presented in an application data sheet, identifying the foreign application and including the information necessary for the participating foreign office to provide the USPTO with access to the foreign application; and
  3. The copy of the foreign application is received by the USPTO from the participating foreign office, or a certified copy is filed, within the time period specified in 37 CFR 1.55(g)(1).

In addition, if the foreign application was not filed in a participating office directly, but a certified copy was filed in an application subsequently filed in a participating office that permits the USPTO to obtain a copy, the applicant must also file a request in a separate document that the USPTO obtain a copy of the foreign application from the participating office. See MPEP 215.01.

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, delayed priority claim, electronic retrieval, foreign application data, late certified copy, PDX, priority document exchange