How does the USPTO handle priority documents in national stage applications?

How does the USPTO handle priority documents in national stage applications?

The USPTO handles priority documents in national stage applications (35 U.S.C. 371) as follows:

• If the priority document is already in the international application file, no further action is needed.
• The USPTO will retrieve the document from WIPO’s digital library (DAS) if it’s available there.
• If not available through DAS, the applicant must submit the certified copy.

According to MPEP 213.06: ‘If the priority document is not in the international application file but was properly filed with the International Bureau during the international phase, the USPTO will retrieve from the International Bureau a copy of the certified copy of the priority document.’ This process simplifies the handling of priority documents for applicants entering the national stage.

To learn more:

• priority documents
• national stage application
• USPTO
• WIPO
• DAS

To learn more:

• national stage applications
• PCT