What is the time limit for filing a certified copy of a foreign application in a U.S. patent application filed on or after March 16, 2013?

For applications filed under 35 U.S.C. 111(a) on or after March 16, 2013, 37 CFR 1.55(f)(1) requires that a certified copy of the foreign application 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 period does not apply to design applications. There are three exceptions to this requirement, as outlined in 37 CFR 1.55(h), (i), and (j).

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: certified copy, filing deadline, foreign priority