What is an interim copy of a foreign priority document and when is it acceptable?

An interim copy of a foreign priority document is a copy that is submitted before the certified copy is available. The MPEP 213.02 provides guidance on when an interim copy is acceptable:

The Office may require that an ‘interim copy’ of the foreign application be furnished in the event that the certified copy of the foreign application is not filed within the time period set forth in 37 CFR 1.55(f) and an exception in 37 CFR 1.55(h), (i), or (j) is not applicable.

An interim copy must:

  • Be filed within the later of 4 months from the filing date of the application or 16 months from the filing date of the prior foreign application
  • Be a copy of the original foreign application
  • Be accompanied by a statement that the copy is a true copy

Note: An interim copy does not substitute the requirement for a certified copy, which must still be filed during the pendency of the application.

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: certified copy, foreign priority, interim copy