What happens if a priority document is not timely retrieved through the PDX program?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If a priority document is not timely retrieved through the PDX program, there can be significant consequences for the patent application. According to MPEP 215.02(a):

“If the priority document is not retrieved within the time period set in 37 CFR 1.55(g)(1), the applicant is notified and given a time period within which to file the certified copy in accordance with 37 CFR 1.55(g)(1).”

Consequences of untimely retrieval:

• Applicant receives a notification of non-retrieval
• A time limit is set for manual submission of the certified copy
• Failure to submit within the time limit may result in loss of priority claim
• Additional fees may be required for late submission