What are the time limits for filing a certified copy in an international design 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.
The time limits for filing a certified copy in an international design application are:
- General rule: Within the later of four months from the filing date of the international design application, or sixteen months from the filing date of the prior foreign application.
- Exception: These time limits do not apply if the priority document is available to the Office from a participating digital library.
MPEP 213.07 specifies: The time period requirement in 37 CFR 1.55(f) for filing a certified copy of the foreign application in a nonprovisional international design application is the later of four months from the filing date of the international design application, or sixteen months from the filing date of the prior foreign application, except as provided in paragraphs (h), (i), and (j) of this section.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority
Patent Law
Patent Procedure