How 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 the initial time requirement in 37 CFR 1.55(f), but a certified copy is still required.
  • An interim copy is labeled as ‘Interim Copy,’ while a certified copy has official certification from the foreign patent office.

The MPEP clarifies:

‘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 is a temporary measure to meet deadlines, while the certified copy remains a formal requirement.

For more information on certified copy, visit: certified copy.

For more information on foreign application, visit: foreign application.

For more information on interim copy, visit: interim copy.

For more information on patent procedure, visit: patent procedure.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 215-Certified Copy of Foreign Application, Patent Law, Patent Procedure
Tags: certified copy, foreign application, interim copy, patent procedure