What is an ‘interim copy’ of a foreign application and when can it be used?

An ‘interim copy’ is a copy of the original foreign application from the applicant’s own records that can be submitted to satisfy the timeliness requirement for certified copies. According to 37 CFR 1.55(j):

  • The copy must be clearly labeled as ‘Interim Copy’
  • It must be filed with a cover sheet identifying the foreign application
  • It must be filed within the same time period as required for certified copies
  • A certified copy must still be filed during the pendency of the application

This provision allows applicants to meet the deadline even if they cannot obtain a certified copy in time, although there is no requirement to show inability to obtain a certified copy to use this option.

For more information on foreign application, visit: foreign application.

For more information on interim copy, visit: interim copy.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 215-Certified Copy of Foreign Application, Patent Law, Patent Procedure
Tags: foreign application, interim copy