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

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.

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: Disclosure Individuals, Disclosure Timing, Fees 1 17, Foreign Priority Claim Requirements, right of priority