When is a separate written request needed for PDX retrieval?
A separate written request for PDX retrieval is needed in two specific situations:
- When the applicant wishes the Office to retrieve a foreign application from a foreign intellectual property office that becomes a participating office after the foreign priority has been claimed, as long as the time period set in 37 CFR 1.55 has not expired.
- When the foreign application was not originally filed in a participating office, but a certified copy was filed in an application subsequently filed in a participating foreign intellectual property office.
The MPEP provides Form PTO/SB/38 for such requests:
Applicants can use Form PTO/SB/38 (Request to Retrieve Electronic Priority Application(s)) to file such a request.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 215-Certified Copy of Foreign Application,
Patent Law,
Patent Procedure