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Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

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What is the priority document exchange program and how does it work?

The priority document exchange program allows the USPTO to obtain priority documents electronically from other participating foreign intellectual property offices, eliminating the need for applicants to submit certified copies themselves. As stated in 37 CFR 1.55(i), the requirement to file a certified copy is considered satisfied if:
  • The foreign application was filed in a participating foreign intellectual property office
  • The claim for priority includes the necessary information for retrieval
  • The copy is received by the USPTO from the participating office
Applicants must still make the priority claim within the required time period. This program simplifies the process of submitting priority documents for many applicants.
Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, MPEP 213-Right of Priority of Foreign Application, Patent Law, Patent Procedure
Tags: foreign intellectual property office, late certified copy, priority document exchange
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