How does PDX apply to U.S. design applications?

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.

PDX for U.S. design applications has specific considerations, as explained in MPEP 215.01:

The USPTO will attempt retrieval of foreign applications to which priority is claimed in a U.S. design application where possible. The Spanish Patent and Trademark Office deposits certain ES industrial design applications for access by the USPTO via the WIPO DAS. Therefore, when the applicant claims foreign priority to an ES industrial design application and provides the WIPO DAS access code, the USPTO will attempt retrieval via the WIPO DAS.

Key points for design applications:

• The USPTO attempts to retrieve foreign priority documents for design applications where possible.
• Spanish industrial design applications are accessible through WIPO DAS.
• Applicants must provide the WIPO DAS access code for Spanish industrial design applications.
• The USPTO will attempt retrieval via WIPO DAS when the access code is provided.

This process helps streamline the priority document retrieval for design applications, particularly those with Spanish priority.