When is a separate written request required for retrieving foreign applications under PDX?

A separate written request is required in specific situations, as outlined in MPEP 215.01:

A separate written request may be used when the applicant wishes the Office to retrieve a foreign application from a foreign intellectual property office that becomes a participating foreign intellectual property office after the foreign priority has been claimed, so long as the time period set in 37 CFR 1.55 has not expired.

Additionally, a separate request is needed 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 office.
  • The applicant wants to use Form PTO/SB/38 (Request to Retrieve Electronic Priority Application(s)) to file such a request.

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: foreign applications, patent procedure, PDX, Written Requests