Patent Law FAQ

The Digital Access Service (DAS) is an electronic system that allows participating intellectual property offices to exchange priority documents securely. For international design applications:

• Applicants can authorize the retrieval of priority documents through DAS.
• This eliminates the need to manually file certified copies in some cases.
• The USPTO or IB can retrieve the priority document electronically if available.

MPEP 213.07 states: The certified copy of the foreign application must be filed within the later of four months from the filing date of the international design application, or sixteen months from the filing date of the prior foreign application, except as provided in paragraphs (h), (i), and (j) of this section. DAS can help meet these deadlines more efficiently.

To learn more:

• Digital Access Service
• DAS
• priority documents
• electronic retrieval

How do I retrieve a priority document from a foreign IP office using PDX?

To retrieve a priority document from a foreign IP office using PDX:

• Ensure the foreign IP office participates in PDX.
• File an application with the USPTO that claims priority to the foreign application.
• Submit a Request to Retrieve through EFS-Web or Patent Center.
• Include the foreign application number, country code, and filing date.
• The USPTO will attempt to retrieve the document electronically.

According to MPEP 215.01: “The USPTO will attempt to electronically retrieve the priority document through the WIPO DAS […] or through a bilateral PDX agreement.”

To learn more:

• PDX
• priority document
• foreign IP office
• electronic retrieval

Under 37 CFR 1.55(i), the requirement for a certified copy of the foreign application will be considered satisfied if:

1. The foreign application was filed in a foreign intellectual property office participating with the USPTO in a bilateral or multilateral priority document exchange agreement;
2. The claim for priority is presented in an application data sheet, identifying the foreign application and including the information necessary for the participating foreign office to provide the USPTO with access to the foreign application; and
3. The copy of the foreign application is received by the USPTO from the participating foreign office, or a certified copy is filed, within the time period specified in 37 CFR 1.55(g)(1).

In addition, if the foreign application was not filed in a participating office directly, but a certified copy was filed in an application subsequently filed in a participating office that permits the USPTO to obtain a copy, the applicant must also file a request in a separate document that the USPTO obtain a copy of the foreign application from the participating office. See MPEP 215.01.

Under 37 CFR 1.55(i), the requirement for a certified copy of the foreign application will be considered satisfied if:

1. The foreign application was filed in a foreign intellectual property office participating with the USPTO in a bilateral or multilateral priority document exchange agreement;
2. The claim for priority is presented in an application data sheet, identifying the foreign application and including the information necessary for the participating foreign office to provide the USPTO with access to the foreign application; and
3. The copy of the foreign application is received by the USPTO from the participating foreign office, or a certified copy is filed, within the time period specified in 37 CFR 1.55(g)(1).

In addition, if the foreign application was not filed in a participating office directly, but a certified copy was filed in an application subsequently filed in a participating office that permits the USPTO to obtain a copy, the applicant must also file a request in a separate document that the USPTO obtain a copy of the foreign application from the participating office. See MPEP 215.01.

The Digital Access Service (DAS) is an electronic system that allows participating intellectual property offices to exchange priority documents securely. For international design applications:

• Applicants can authorize the retrieval of priority documents through DAS.
• This eliminates the need to manually file certified copies in some cases.
• The USPTO or IB can retrieve the priority document electronically if available.

MPEP 213.07 states: The certified copy of the foreign application must be filed within the later of four months from the filing date of the international design application, or sixteen months from the filing date of the prior foreign application, except as provided in paragraphs (h), (i), and (j) of this section. DAS can help meet these deadlines more efficiently.

To learn more:

• Digital Access Service
• DAS
• priority documents
• electronic retrieval

How do I retrieve a priority document from a foreign IP office using PDX?

To retrieve a priority document from a foreign IP office using PDX:

• Ensure the foreign IP office participates in PDX.
• File an application with the USPTO that claims priority to the foreign application.
• Submit a Request to Retrieve through EFS-Web or Patent Center.
• Include the foreign application number, country code, and filing date.
• The USPTO will attempt to retrieve the document electronically.

According to MPEP 215.01: “The USPTO will attempt to electronically retrieve the priority document through the WIPO DAS […] or through a bilateral PDX agreement.”

To learn more:

• PDX
• priority document
• foreign IP office
• electronic retrieval

Under 37 CFR 1.55(i), the requirement for a certified copy of the foreign application will be considered satisfied if:

1. The foreign application was filed in a foreign intellectual property office participating with the USPTO in a bilateral or multilateral priority document exchange agreement;
2. The claim for priority is presented in an application data sheet, identifying the foreign application and including the information necessary for the participating foreign office to provide the USPTO with access to the foreign application; and
3. The copy of the foreign application is received by the USPTO from the participating foreign office, or a certified copy is filed, within the time period specified in 37 CFR 1.55(g)(1).

In addition, if the foreign application was not filed in a participating office directly, but a certified copy was filed in an application subsequently filed in a participating office that permits the USPTO to obtain a copy, the applicant must also file a request in a separate document that the USPTO obtain a copy of the foreign application from the participating office. See MPEP 215.01.

The Digital Access Service (DAS) is an electronic system that allows participating intellectual property offices to exchange priority documents securely. For international design applications:

• Applicants can authorize the retrieval of priority documents through DAS.
• This eliminates the need to manually file certified copies in some cases.
• The USPTO or IB can retrieve the priority document electronically if available.

MPEP 213.07 states: The certified copy of the foreign application must be filed within the later of four months from the filing date of the international design application, or sixteen months from the filing date of the prior foreign application, except as provided in paragraphs (h), (i), and (j) of this section. DAS can help meet these deadlines more efficiently.

To learn more:

• Digital Access Service
• DAS
• priority documents
• electronic retrieval

How do I retrieve a priority document from a foreign IP office using PDX?

To retrieve a priority document from a foreign IP office using PDX:

• Ensure the foreign IP office participates in PDX.
• File an application with the USPTO that claims priority to the foreign application.
• Submit a Request to Retrieve through EFS-Web or Patent Center.
• Include the foreign application number, country code, and filing date.
• The USPTO will attempt to retrieve the document electronically.

According to MPEP 215.01: “The USPTO will attempt to electronically retrieve the priority document through the WIPO DAS […] or through a bilateral PDX agreement.”

To learn more:

• PDX
• priority document
• foreign IP office
• electronic retrieval

Under 37 CFR 1.55(i), the requirement for a certified copy of the foreign application will be considered satisfied if:

1. The foreign application was filed in a foreign intellectual property office participating with the USPTO in a bilateral or multilateral priority document exchange agreement;
2. The claim for priority is presented in an application data sheet, identifying the foreign application and including the information necessary for the participating foreign office to provide the USPTO with access to the foreign application; and
3. The copy of the foreign application is received by the USPTO from the participating foreign office, or a certified copy is filed, within the time period specified in 37 CFR 1.55(g)(1).

In addition, if the foreign application was not filed in a participating office directly, but a certified copy was filed in an application subsequently filed in a participating office that permits the USPTO to obtain a copy, the applicant must also file a request in a separate document that the USPTO obtain a copy of the foreign application from the participating office. See MPEP 215.01.