If you've recently ordered a certified copy from the USPTO, you've probably noticed something frustrating — it's taking a lot longer than expected. You're not alone, and it's not just you. The USPTO's Certification Branch is dealing with a significant and ever-growing backlog that's affecting every type of certified copy request.
Here's what's happening, what it means for your firm, and what you can do about it.
The Official Processing Time vs. Reality
According to the USPTO's website, certified copy requests — including assignments, applications as filed, patent grants, and trademark registrations — have a processing goal of 7 business days. On paper, that sounds reasonable.
In practice, that timeline has become meaningless.
We work with IP law firms across the country, placing certified copy orders with the USPTO on a daily basis. Right now, we're consistently seeing processing times of three months or longer for all types of certified copy requests. As of this writing, we're still waiting on orders that were originally placed back in January — well past any reasonable processing window.
This isn't an isolated delay or a temporary hiccup. The Certification Branch is working through a staffing shortage and a backlog that continues to grow as new requests pile on top of an already overwhelmed queue.
Why Does This Matter?
For IP law firms, certified copies aren't optional paperwork. They're often required for:
- International patent filings — Many foreign patent offices require certified copies of priority documents as part of the filing process, often with strict deadlines.
- Paris Convention priority claims — If you're claiming priority under the Paris Convention, a certified copy of the earlier application is typically required within a set timeframe.
- Patent prosecution — Certified copies of assignments and other recorded documents may be needed to establish chain of title or respond to office actions.
- Litigation and legal proceedings — Courts and opposing counsel may require certified copies as authenticated evidence.
A three-month delay can mean missed foreign filing deadlines, stalled prosecution, and unnecessary stress for your clients.
What You Can Do About It
The good news is that the USPTO does offer expedited processing for certified copy requests — but it comes with additional fees and specific requirements that aren't always straightforward to navigate.
The USPTO refers to this expedited service as "at-cost" processing. While the fees are significantly higher than standard requests, approved orders are typically fulfilled within 2–3 weeks — a major improvement over the current three-month timeline.
However, the USPTO doesn't grant at-cost requests automatically. To get approval, you'll need to demonstrate that the certified copies are urgently needed for a foreign filing or an upcoming court date. Acceptable proof includes copies of correspondence from a foreign agent's office showing the filing deadline, or court schedules and papers confirming an approaching date. Requests with deadlines that are months away will generally not be approved — the need must be genuinely urgent.
There are also limits on what you can request through at-cost processing:
- A maximum of 3 unique certified copies per request
- Up to 5 duplicate copies of each certified copy
- Only 1 at-cost request per day, per client
At The Patent Place, we handle at-cost requests on behalf of our clients regularly. We know the requirements, we prepare the supporting documentation, and we manage the submission process so your team doesn't have to navigate the USPTO's procedures on the fly.
If you have a certified copy request that can't wait three months, reach out to us or request a free estimate and we'll walk you through your options.
The Bottom Line
The USPTO's Certification Branch backlog is real, it's significant, and it's not going away anytime soon. If your firm relies on certified copies for international filings or prosecution — and most IP firms do — it's worth planning ahead and knowing that expedited handling is available when deadlines are tight.
Don't let a backlog at the USPTO put your client's filing at risk.
The Patent Place provides document authentication services for IP law firms, including certified copies, apostilles, consular legalizations, and more. Get a free estimate or get in touch.