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 (2)
A separate written request for PDX retrieval is needed in two specific situations:
- When the applicant wishes the Office to retrieve a foreign application from a foreign intellectual property office that becomes a participating office after the foreign priority has been claimed, as long as the time period set in 37 CFR 1.55 has not expired.
- 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 foreign intellectual property office.
The MPEP provides Form PTO/SB/38 for such requests:
Applicants can use Form PTO/SB/38 (Request to Retrieve Electronic Priority Application(s)) to file such a request.
If your foreign application was not filed in a participating Priority Document Exchange (PDX) office, you may still be able to use the PDX program under certain conditions. According to 37 CFR 1.55(i)(4):
If the foreign application was not filed in a participating foreign intellectual property office, but a copy of the foreign application was filed in an application subsequently filed in a participating foreign intellectual property office that permits the Office to obtain such a copy, the applicant must also file a request in a separate document that the Office obtain a copy of the foreign application from the participating intellectual property office.
To make this request, you can use Form PTO/SB/38 (Request to Retrieve Electronic Priority Application(s)). The request must identify the participating office and the subsequent application by application number, country, and filing date.
To learn more:
MPEP 215-Certified Copy of Foreign Application (1)
A separate written request for PDX retrieval is needed in two specific situations:
- When the applicant wishes the Office to retrieve a foreign application from a foreign intellectual property office that becomes a participating office after the foreign priority has been claimed, as long as the time period set in 37 CFR 1.55 has not expired.
- 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 foreign intellectual property office.
The MPEP provides Form PTO/SB/38 for such requests:
Applicants can use Form PTO/SB/38 (Request to Retrieve Electronic Priority Application(s)) to file such a request.
Patent Law (2)
A separate written request for PDX retrieval is needed in two specific situations:
- When the applicant wishes the Office to retrieve a foreign application from a foreign intellectual property office that becomes a participating office after the foreign priority has been claimed, as long as the time period set in 37 CFR 1.55 has not expired.
- 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 foreign intellectual property office.
The MPEP provides Form PTO/SB/38 for such requests:
Applicants can use Form PTO/SB/38 (Request to Retrieve Electronic Priority Application(s)) to file such a request.
If your foreign application was not filed in a participating Priority Document Exchange (PDX) office, you may still be able to use the PDX program under certain conditions. According to 37 CFR 1.55(i)(4):
If the foreign application was not filed in a participating foreign intellectual property office, but a copy of the foreign application was filed in an application subsequently filed in a participating foreign intellectual property office that permits the Office to obtain such a copy, the applicant must also file a request in a separate document that the Office obtain a copy of the foreign application from the participating intellectual property office.
To make this request, you can use Form PTO/SB/38 (Request to Retrieve Electronic Priority Application(s)). The request must identify the participating office and the subsequent application by application number, country, and filing date.
To learn more:
Patent Procedure (2)
A separate written request for PDX retrieval is needed in two specific situations:
- When the applicant wishes the Office to retrieve a foreign application from a foreign intellectual property office that becomes a participating office after the foreign priority has been claimed, as long as the time period set in 37 CFR 1.55 has not expired.
- 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 foreign intellectual property office.
The MPEP provides Form PTO/SB/38 for such requests:
Applicants can use Form PTO/SB/38 (Request to Retrieve Electronic Priority Application(s)) to file such a request.
If your foreign application was not filed in a participating Priority Document Exchange (PDX) office, you may still be able to use the PDX program under certain conditions. According to 37 CFR 1.55(i)(4):
If the foreign application was not filed in a participating foreign intellectual property office, but a copy of the foreign application was filed in an application subsequently filed in a participating foreign intellectual property office that permits the Office to obtain such a copy, the applicant must also file a request in a separate document that the Office obtain a copy of the foreign application from the participating intellectual property office.
To make this request, you can use Form PTO/SB/38 (Request to Retrieve Electronic Priority Application(s)). The request must identify the participating office and the subsequent application by application number, country, and filing date.
To learn more: