When might the USPTO require an earlier submission of the certified copy?
According to 37 CFR 1.55(g)(2), the USPTO may require that the claim for priority and the certified copy of the foreign application be filed earlier than otherwise provided in the following circumstances:
- When the application is involved in an interference or derivation proceeding;
- When necessary to overcome the date of a reference relied upon by the examiner; or
- When deemed necessary by the examiner.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 215-Certified Copy of Foreign Application,
Patent Law,
Patent Procedure