What if my foreign application was not filed in a participating PDX office?

If your foreign application was not filed in a participating Priority Document Exchange (PDX) office, you may still be able to use the PDX program under certain conditions. According to 37 CFR 1.55(i)(4):

If the foreign application was not filed in a participating foreign intellectual property office, but a copy of the foreign application was filed in an application subsequently filed in a participating foreign intellectual property office that permits the Office to obtain such a copy, the applicant must also file a request in a separate document that the Office obtain a copy of the foreign application from the participating intellectual property office.

To make this request, you can use Form PTO/SB/38 (Request to Retrieve Electronic Priority Application(s)). The request must identify the participating office and the subsequent application by application number, country, and filing date.

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: 38, foreign applications, Form PTO/SB/38, Non Participating Offices, priority document exchange