What are the requirements for filing a certified copy of a foreign application in a national stage application?

For national stage applications under 35 U.S.C. 371, the requirements for filing a certified copy of a foreign application are outlined in 37 CFR 1.55(f)(2). The MPEP states:

A certified copy of the foreign application must be filed within the time limit set forth in the PCT and the Regulations under the PCT in an international application entering the national stage under 35 U.S.C. 371.

If the certified copy was not filed during the international stage, it must be filed within the later of:

• Four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f)
• Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
• Sixteen months from the filing date of the prior foreign application

Exceptions to these time limits are provided in paragraphs (h), (i), and (j) of 37 CFR 1.55.

To learn more:

• certified copy
• foreign application
• national stage application
• PCT