What is the process for requesting the U.S. Receiving Office to prepare and transmit a certified copy of a priority document?

If your earlier filed application was filed with the U.S. Patent and Trademark Office (USPTO), you can request the U.S. Receiving Office (RO/US) to prepare and transmit a certified copy of the earlier application to the International Bureau (IB). The process is as follows:

1. Check the appropriate box on Form PCT/RO/101 (the Request form) when filing your international application.
2. For applications filed on or after August 31, 2007, the RO/US will electronically transmit the certified copy if requested under PCT Rule 17.1(b) and 37 CFR 1.451(b).
3. The fee for this service has been waived for electronically filed applications.

The MPEP states: “If the earlier filed application was filed with the U.S. Patent and Trademark Office, the applicant may request the U.S. Receiving Office (RO/US) to prepare, and transmit to the IB, a certified copy of the earlier application. The request (Form PCT/RO/101) contains a box which can be checked requesting that the receiving Office prepare the certified copy.“

It’s important to note that transmission may be delayed or prevented if no inventor common to the priority application is named in the international application or if the national security review is not complete.

To learn more:

• certified copy
• priority document
• U.S. Receiving Office
• PCT application