What is the time limit for filing a certified copy of a foreign application in a U.S. patent application?
For applications filed under 35 U.S.C. 111(a) on or after March 16, 2013, 37 CFR 1.55(f)(1) sets the time limit for filing a certified copy of the foreign application. The certified copy 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
This time limit does not apply to design applications. For international applications entering the national stage under 35 U.S.C. 371, the time limit is set forth in 37 CFR 1.55(f)(2).
It’s important to note that there are exceptions to these time limits, as provided in 37 CFR 1.55(h), (i), and (j).
For more information on certified copy, visit: certified copy.
For more information on foreign priority, visit: foreign priority.
For more information on time limit, visit: time limit.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 215-Certified Copy of Foreign Application,
Patent Law,
Patent Procedure