What happens if the USPTO fails to retrieve a priority document through the exchange program?

If the USPTO fails to retrieve a priority document through the exchange program, the applicant is notified and given an opportunity to correct the issue. According to MPEP 215.02(a):

“If the USPTO is unable to retrieve a copy of the foreign application to which priority is claimed, the applicant will be notified and given an opportunity to provide the missing priority document.”

This ensures that applicants have a chance to submit the required documents manually if the automated system fails.

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: Manual Submission, Priority Document Retrieval Failure, USPTO notification