Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 200 - Types and Status of Application; Benefit and Priority (1)
If the USPTO is unable to retrieve a priority document through the Priority Document Exchange (PDX) program, the following occurs:
- The USPTO will notify the applicant of the unsuccessful retrieval attempt.
- The applicant will then be required to submit the certified copy of the foreign application.
According to MPEP 215.01, If the foreign certified copy is not received by the USPTO within the pendency of the application and before the patent is granted, the USPTO will notify the applicant that the certified copy of the foreign application has not been received and require the certified copy.
It’s crucial for applicants to monitor the status of their priority document and be prepared to submit a certified copy if the electronic retrieval is unsuccessful.
To learn more:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims (1)
To claim priority to an earlier-filed foreign application, the applicant must:
1. File the U.S. application within 12 months of the foreign application’s filing date (6 months for design applications).
2. In the U.S. application, include a claim for priority that identifies the foreign application. For applications filed on/after 9/16/12, this must be in an ADS.
3. File a certified copy of the foreign application, unless it was previously filed or is available to the USPTO via a priority document exchange program.
See MPEP 213 – 216 for the detailed requirements. Some deadlines can be extended on petition if unintentionally delayed.
Patent Law (2)
If the USPTO is unable to retrieve a priority document through the Priority Document Exchange (PDX) program, the following occurs:
- The USPTO will notify the applicant of the unsuccessful retrieval attempt.
- The applicant will then be required to submit the certified copy of the foreign application.
According to MPEP 215.01, If the foreign certified copy is not received by the USPTO within the pendency of the application and before the patent is granted, the USPTO will notify the applicant that the certified copy of the foreign application has not been received and require the certified copy.
It’s crucial for applicants to monitor the status of their priority document and be prepared to submit a certified copy if the electronic retrieval is unsuccessful.
To learn more:
To claim priority to an earlier-filed foreign application, the applicant must:
1. File the U.S. application within 12 months of the foreign application’s filing date (6 months for design applications).
2. In the U.S. application, include a claim for priority that identifies the foreign application. For applications filed on/after 9/16/12, this must be in an ADS.
3. File a certified copy of the foreign application, unless it was previously filed or is available to the USPTO via a priority document exchange program.
See MPEP 213 – 216 for the detailed requirements. Some deadlines can be extended on petition if unintentionally delayed.
Patent Procedure (2)
If the USPTO is unable to retrieve a priority document through the Priority Document Exchange (PDX) program, the following occurs:
- The USPTO will notify the applicant of the unsuccessful retrieval attempt.
- The applicant will then be required to submit the certified copy of the foreign application.
According to MPEP 215.01, If the foreign certified copy is not received by the USPTO within the pendency of the application and before the patent is granted, the USPTO will notify the applicant that the certified copy of the foreign application has not been received and require the certified copy.
It’s crucial for applicants to monitor the status of their priority document and be prepared to submit a certified copy if the electronic retrieval is unsuccessful.
To learn more:
To claim priority to an earlier-filed foreign application, the applicant must:
1. File the U.S. application within 12 months of the foreign application’s filing date (6 months for design applications).
2. In the U.S. application, include a claim for priority that identifies the foreign application. For applications filed on/after 9/16/12, this must be in an ADS.
3. File a certified copy of the foreign application, unless it was previously filed or is available to the USPTO via a priority document exchange program.
See MPEP 213 – 216 for the detailed requirements. Some deadlines can be extended on petition if unintentionally delayed.