What happens if the USPTO fails to retrieve a priority document through the exchange program?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
If the USPTO fails to retrieve a priority document through the exchange program, the applicant is notified and given an opportunity to correct the issue. According to MPEP 215.02(a):
“If the USPTO is unable to retrieve a copy of the foreign application to which priority is claimed, the applicant will be notified and given an opportunity to provide the missing priority document.”
This ensures that applicants have a chance to submit the required documents manually if the automated system fails.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority
Patent Law
Patent Procedure