What is the requirement for filing a certified copy of the foreign application when claiming priority?

When claiming foreign priority, applicants are generally required to file a certified copy of the foreign application within a specified time period. The requirements and deadlines for filing the certified copy depend on the type of application and the circumstances of the filing.

According to MPEP 213.04: “37 CFR 1.55(g) sets forth the requirements for filing a priority claim, certified copy of foreign application, and translation that are applicable in all applications.”

Key points about the certified copy requirement include:

• The certified copy must be filed within the pendency of the application, unless filed with a petition.
• For applications filed under 35 U.S.C. 111(a), the certified copy must typically be filed within the later of four months from the actual filing date or sixteen months from the filing date of the prior foreign application.
• For national stage applications under 35 U.S.C. 371, the certified copy must be filed within the time limit set forth in the PCT and the Regulations under the PCT.
• If the certified copy is not filed within the required time period, it must be accompanied by a petition and fee, along with a showing of good and sufficient cause for the delay.
• In some cases, the requirement may be satisfied through the priority document exchange program or by identifying a previously filed application containing the certified copy.

The MPEP also notes: “If the claim for priority or the certified copy of the foreign application is filed after the date the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.”

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

For more information on filing requirements, visit: filing requirements.

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