What are the time limits for filing an interim copy of a foreign application?
The time limits for filing an interim copy of a foreign application are specified in 37 CFR 1.55(j). According to the MPEP:
37 CFR 1.55(j) also provides that the interim copy of the foreign application and cover sheet must be filed within the later of sixteen months from the filing date of the prior foreign application or four months from the actual filing date of an application under 35 U.S.C. 111(a), within four months from the later of the date of commencement (37 CFR 1.491(a)) or the date of the initial submission under 35 U.S.C. 371 in an application entering the national stage under 35 U.S.C. 371, or with a petition under 37 CFR 1.55(e) or (f).
In summary, the interim copy must be filed within:
- 16 months from the filing date of the foreign application, or
- 4 months from the U.S. application filing date under 35 U.S.C. 111(a), or
- 4 months from the national stage commencement or initial submission date under 35 U.S.C. 371, or
- With a petition under 37 CFR 1.55(e) or (f)
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure