What is the time limit for filing a certified copy of a foreign application?

The time limit for filing a certified copy of a foreign application depends on the type of application:

  1. For applications under 35 U.S.C. 111(a): A certified copy of the foreign application must be filed within the later of four months from the actual filing date of the application, or sixteen months from the filing date of the prior foreign application, as stated in 37 CFR 1.55(f)(1).
  2. For applications under 35 U.S.C. 371 (national stage applications): A certified copy of the foreign application must be filed within the time limit set forth in the PCT and the Regulations under the PCT, as per 37 CFR 1.55(f)(2).

If these time limits are not met, a petition including a showing of good and sufficient cause for the delay and the petition fee set forth in § 1.17(g) must accompany the certified copy.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: 37 CFR 1.55, certified copy, foreign application, time limit