Patent Law FAQ

A separate written request for PDX retrieval is needed in two specific situations:

1. 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.
2. 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.

To ensure successful retrieval of foreign applications through PDX, applicants should:

• Provide proper and consistent citation of the foreign priority application and its filing date
• Use an acceptable format for citing the foreign application (see MPEP § 214.04)
• Ensure the foreign priority claim is complete

The MPEP emphasizes the importance of correct citations:

An improper, incomplete, or inconsistent citation of a foreign priority application and/or its filing date will result in a delay or prevent retrieval under the Priority Document Exchange program.

Applicants are encouraged to check the Private PAIR system to confirm successful retrieval of their foreign priority application.

A separate written request for PDX retrieval is needed in two specific situations:

1. 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.
2. 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.

To ensure successful retrieval of foreign applications through PDX, applicants should:

• Provide proper and consistent citation of the foreign priority application and its filing date
• Use an acceptable format for citing the foreign application (see MPEP § 214.04)
• Ensure the foreign priority claim is complete

The MPEP emphasizes the importance of correct citations:

An improper, incomplete, or inconsistent citation of a foreign priority application and/or its filing date will result in a delay or prevent retrieval under the Priority Document Exchange program.

Applicants are encouraged to check the Private PAIR system to confirm successful retrieval of their foreign priority application.

A separate written request for PDX retrieval is needed in two specific situations:

1. 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.
2. 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.

To ensure successful retrieval of foreign applications through PDX, applicants should:

• Provide proper and consistent citation of the foreign priority application and its filing date
• Use an acceptable format for citing the foreign application (see MPEP § 214.04)
• Ensure the foreign priority claim is complete

The MPEP emphasizes the importance of correct citations:

An improper, incomplete, or inconsistent citation of a foreign priority application and/or its filing date will result in a delay or prevent retrieval under the Priority Document Exchange program.

Applicants are encouraged to check the Private PAIR system to confirm successful retrieval of their foreign priority application.

A separate written request for PDX retrieval is needed in two specific situations:

1. 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.
2. 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.

To ensure successful retrieval of foreign applications through PDX, applicants should:

• Provide proper and consistent citation of the foreign priority application and its filing date
• Use an acceptable format for citing the foreign application (see MPEP § 214.04)
• Ensure the foreign priority claim is complete

The MPEP emphasizes the importance of correct citations:

An improper, incomplete, or inconsistent citation of a foreign priority application and/or its filing date will result in a delay or prevent retrieval under the Priority Document Exchange program.

Applicants are encouraged to check the Private PAIR system to confirm successful retrieval of their foreign priority application.