How can I request participation in the priority document exchange 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.
To request participation in the priority document exchange (PDX) program, you need to follow specific procedures outlined in MPEP 213.04. Here’s what you need to do:
Applicants may participate in the priority document exchange (PDX) program by requesting that the USPTO retrieve a copy of the foreign application from a participating foreign intellectual property office. Participation in the PDX program is not automatic; a request must be made.
To make a request:
- Include an authorization to access the priority document in the foreign office’s system
- Provide sufficient information to identify the foreign application
- Submit this request within the later of:
- 16 months from the filing date of the prior foreign application, or
- 4 months from the actual filing date of the application in which priority is claimed
It’s important to note that the PDX program is only available with participating foreign offices. Always check the current list of participating offices before making a request.