What is an ‘interim copy’ of a foreign application and how can it satisfy the certified copy requirement?

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.

37 CFR 1.55(j) allows an applicant to provide an ‘interim copy’ of the original foreign application to satisfy the requirement for a certified copy to be filed within the time limit set in 37 CFR 1.55(f). An interim copy must:

• Be clearly labeled as ‘Interim Copy’
• Include the specification, drawings, and claims of the foreign application
• Be filed with a separate cover sheet identifying the foreign application
• Be filed within the later of 16 months from the foreign filing date or 4 months from the actual U.S. filing date

A certified copy of the foreign application must still be filed during the pendency of the application, unless filed with a petition under 37 CFR 1.55(e), (f), or (g).