What happens if a foreign priority document is not available through the International Bureau’s Digital Access Service (DAS)?
If a foreign priority document is not available through the International Bureau’s Digital Access Service (DAS), the following steps may be necessary:
- The applicant may need to submit the priority document directly to the USPTO.
- The USPTO may issue a requirement for the applicant to provide the priority document.
- The applicant should be prepared to submit a certified copy of the foreign priority document if requested.
While the MPEP 2920.05(d) does not explicitly address this scenario, it implies that direct submission may be necessary in such cases:
“In most cases, the applicant will not need to submit a certified copy of the foreign priority document to the Office in an international design application designating the United States.”
This suggests that in some cases, such as when the document is not available through DAS, direct submission may be required. Applicants should be prepared to provide the necessary documentation if the automatic exchange through the International Bureau is not successful.
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