Can the timeliness requirement for priority documents be met through PDX?
Can the timeliness requirement for priority documents be met through PDX?
Yes, the timeliness requirement for priority documents can be met through the Priority Document Exchange (PDX) program. MPEP 215.02(a) states:
‘If the priority document is retrieved by the USPTO within the time period set in 37 CFR 1.55(g), the applicant need not take any further action to meet the timeliness requirement.’
This means that if the USPTO successfully retrieves the priority document through PDX within the specified time frame (usually the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application), the timeliness requirement is automatically satisfied. However, applicants should still monitor the status to ensure the document is received and be prepared to submit it manually if necessary.
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