What should applicants do upon receiving a Notice of Allowance regarding PDX?
When applicants receive a Notice of Allowance, they should take specific actions regarding PDX as outlined in MPEP 215.01:
Upon receipt of a Notice of Allowance, applicants should check to see whether the Office has received a copy of the foreign application under the priority document exchange program because successful retrieval of priority documents cannot be guaranteed.
Important steps for applicants:
- Verify that the USPTO has received the foreign priority document.
- If the document hasn’t been received, consider filing a paper certified copy.
- Ensure the priority document is received before the patent is granted.
- Be aware that if a certified copy is filed after the issue fee is paid, the patent won’t include the priority claim unless corrected by a certificate of correction.
It’s crucial to confirm receipt of the priority document to maintain the priority claim in the issued patent.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure