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