What is the deadline for submitting certified copies in a national stage application?

What is the deadline for submitting certified copies in a national stage application?

The deadline for submitting certified copies in a national stage application (35 U.S.C. 371) is as follows:

  • Certified copies must be filed within the time limit set in 37 CFR 1.55(f).
  • This is typically within the later of 4 months from the actual filing date of the application or 16 months from the filing date of the prior foreign application.

The MPEP 213.06 states: ‘A certified copy of the foreign application must be filed within the time limit set forth in 37 CFR 1.55(f).’ It’s important to note that this requirement applies unless the certified copy was previously filed in the international application and the requirements of PCT Rule 17.1(a), (b), or (b-bis) have been met.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: certified copies, foreign application, national stage application