Change 37 CFR 1.55(f) Requirement for Certified Copy

The rules specify at 37 CFR 1.55(f) the deadlines for filing a certified copy of the priority document. Failure to file a certified copy results in loss of priority benefits. Related rules specify requirements for a Petition to accept late filing of a certified copy of the priority document.

There is no statutory requirement for a certified copy of the priority document. This is 2019!! Nobody, including patent examiners, ever look at the certified copy. Review of a priority document for purposes of determining whether there is support for certain claim limitations is done by reviewing a copy (not a certified copy) of the priority document. Why not permit applicants or their representatives to check a box confirming that, based on information and belief, the copy of the priority application filed on ______ corresponds to the application as filed with the ______ Patent Office on ____________.

This change would reduce costs and make life easier for applicants and the PTO.



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Idea No. 312