What are the requirements for entitlement to priority under the PDX program?
To be entitled to priority under the PDX program, the following requirements must be met:
- The Office must receive a copy of the foreign application from the participating foreign intellectual property office within the pendency of the application and before the patent is granted, or
- The Office must receive a paper certified copy of the foreign application during that time period.
The MPEP states:
To be entitled to priority, the Office must receive a copy of the foreign application from the participating foreign intellectual property office within the pendency of the application and before the patent is granted, or receive a paper certified copy of the foreign application during that time period.
It’s crucial to note that if a certified copy is filed after the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 215-Certified Copy of Foreign Application,
Patent Law,
Patent Procedure