What is the time limit for submitting a certified copy of a foreign application for priority claim?

What is the time limit for submitting a certified copy of a foreign application for priority claim?

The time limit for submitting a certified copy of a foreign application for a priority claim depends on the specific circumstances of your application. According to MPEP 213.04:

The time period for filing a certified copy of the foreign application in the United States application (or written statement) is no later than the date the issue fee is paid.

However, there are some exceptions and additional considerations:

• If you file the priority claim 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, you may not need to file a certified copy immediately.
• If the foreign application was filed in a foreign intellectual property office participating in a priority document exchange agreement with the USPTO, the exchange may satisfy the certified copy requirement.
• In some cases, an interim copy of the foreign application or a statement that the copy was previously filed may be sufficient.

Note: While it’s possible to file the certified copy after paying the issue fee, it requires an additional processing fee and must be done before the patent is granted. To avoid complications and extra fees, it’s best to submit the certified copy as early as possible during the application process.

To learn more:

• certified copy
• foreign application
• priority claim
• time limit
• issue fee