How is the certified copy of the priority document handled in a U.S. national stage application?
The certified copy of the priority document in a U.S. national stage application is typically handled through the International Bureau. According to the MPEP:
“Where applicant has complied with PCT Rule 17, the International Bureau will forward a copy of the certified priority document to each Designated Office that has requested such document with an indication that the priority document was submitted in compliance with the rule and the date the document was received by the International Bureau.”
The U.S. Patent and Trademark Office usually requests this copy upon receipt of the applicant’s submission to enter the U.S. national phase. The copy from the International Bureau is then placed in the U.S. national stage file and is considered acceptable to establish compliance with 37 CFR 1.55(f).
If the International Bureau cannot forward the copy, the applicant must provide it during the national stage, unless certain exceptions apply (see 37 CFR 1.55(h) or 37 CFR 1.55(i)).
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