What are the requirements for submitting an interim copy of a foreign priority application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

Submitting an interim copy of a foreign priority application can be useful when there are delays in obtaining a certified copy. According to MPEP 213.04, here are the requirements:

37 CFR 1.55(j) provides that an applicant who has not filed a certified copy of the foreign application may file an interim copy of the foreign application during the pendency of the application.

To submit an interim copy:

  • It must be filed during the pendency of the application
  • The copy must be clearly labeled as ‘Interim Copy’
  • Include a cover sheet identifying:
    • The application number
    • The foreign application number
    • The country or intellectual property office
    • The filing date
  • The interim copy must be a legible copy of the foreign application

Note: An interim copy does not satisfy the requirement for a certified copy. You must still submit a certified copy of the foreign application before the patent is granted.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case