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