What are the requirements for submitting a certified copy of a foreign priority document in an international design application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The requirements for submitting a certified copy of a foreign priority document in an international design application are as follows:

• A certified copy of the foreign priority document is generally not required to be submitted to the USPTO.
• The International Bureau will normally handle the exchange of priority documents with the USPTO.
• If the priority document is not in the International Bureau’s Digital Access Service (DAS), the applicant may need to submit it directly.

According to MPEP 2920.05(d):

“In most cases, the applicant will not need to submit a certified copy of the foreign priority document to the Office in an international design application designating the United States.”

However, it’s important to note that if the International Bureau is unable to obtain a copy of the priority document, the applicant may be required to provide it directly to the USPTO.