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 (7)
What is the DAS code for PDX?
The DAS (Digital Access Service) code for PDX (Priority Document Exchange) is US. This code is used when participating in the WIPO DAS system for electronic exchange of priority documents. As stated in the MPEP 215.01: The DAS code for the USPTO is ‘US’.
Applicants need to use this code when authorizing the USPTO to retrieve priority documents from other offices or when allowing other offices to retrieve priority documents from the USPTO through the WIPO DAS system.
To learn more:
What happens if PDX retrieval of a priority document fails?
If the PDX (Priority Document Exchange) retrieval of a priority document fails, the USPTO will notify the applicant. As stated in MPEP 215.01: The USPTO will notify the applicant of any unsuccessful attempt to electronically retrieve a priority document.
In such cases:
- The applicant will be given additional time to provide the priority document.
- The applicant may need to submit a certified copy of the priority document directly.
- If using WIPO DAS, the applicant should check if the access code is correct and the document is available in the system.
- The applicant may need to contact the foreign office to ensure the document is accessible through PDX or WIPO DAS.
It’s important to address any retrieval issues promptly to ensure the priority claim is properly documented in the application.
To learn more:
How to retrieve a foreign priority document through PDX?
To retrieve a foreign priority document through PDX (Priority Document Exchange), follow these steps:
- Ensure the foreign office participates in PDX or WIPO DAS.
- File an application with the USPTO claiming foreign priority.
- Submit a request to retrieve the priority document using USPTO form PTO/SB/38 or through EFS-Web.
- Provide the necessary information, including the foreign application number and filing date.
- If using WIPO DAS, include the DAS access code provided by the foreign office.
According to MPEP 215.01: Applicants need not submit a copy of the foreign application if the foreign application was filed in a participating foreign intellectual property office, and the applicant provides sufficient information to the USPTO to retrieve the priority document.
To learn more:
The USPTO attempts to retrieve foreign applications for design applications through the PDX program where possible. Specifically for Spanish industrial design applications:
The Spanish Patent and Trademark Office deposits certain ES industrial design applications for access by the USPTO via the WIPO DAS. Therefore, when the applicant claims foreign priority to an ES industrial design application and provides the WIPO DAS access code, the USPTO will attempt retrieval via the WIPO DAS.
This means that applicants claiming priority to Spanish industrial design applications should provide the WIPO DAS access code to enable the USPTO to retrieve the application through the WIPO Digital Access Service (DAS).
The PDX system has specific procedures for handling international applications filed under the Patent Cooperation Treaty (PCT). According to MPEP 215.01:
The USPTO will automatically attempt retrieval of international applications filed under the PCT where the receiving office is RO/AU, RO/DK, RO/ES, RO/FI, RO/IB, RO/MA or RO/SE and the applicant has provided the required WIPO DAS access code for the international application to which foreign priority is claimed.
Key points for PCT applications:
- Automatic retrieval attempts are made for certain PCT applications.
- Applies to applications filed with receiving offices: RO/AU, RO/DK, RO/ES, RO/FI, RO/IB, RO/MA, or RO/SE.
- The applicant must provide the WIPO DAS access code for the international application.
- This process streamlines priority document retrieval for eligible PCT applications.
Applicants should ensure they provide the necessary WIPO DAS access code to facilitate this automatic retrieval process.
To learn more:
PDX for U.S. design applications has specific considerations, as explained in MPEP 215.01:
The USPTO will attempt retrieval of foreign applications to which priority is claimed in a U.S. design application where possible. The Spanish Patent and Trademark Office deposits certain ES industrial design applications for access by the USPTO via the WIPO DAS. Therefore, when the applicant claims foreign priority to an ES industrial design application and provides the WIPO DAS access code, the USPTO will attempt retrieval via the WIPO DAS.
Key points for design applications:
- The USPTO attempts to retrieve foreign priority documents for design applications where possible.
- Spanish industrial design applications are accessible through WIPO DAS.
- Applicants must provide the WIPO DAS access code for Spanish industrial design applications.
- The USPTO will attempt retrieval via WIPO DAS when the access code is provided.
This process helps streamline the priority document retrieval for design applications, particularly those with Spanish priority.
To learn more:
Can I use PDX for retrieving priority documents from all foreign patent offices?
No, PDX is not available for all foreign patent offices. The availability of PDX depends on:
- Participation in the WIPO Digital Access Service (DAS)
- Bilateral PDX agreements between the USPTO and specific foreign offices
MPEP 215.01 states: “The USPTO will attempt to electronically retrieve the priority document through the WIPO DAS (if the foreign office is a DAS depositing office) or through a bilateral PDX agreement.”
To use PDX, check if the foreign office participates in WIPO DAS or has a bilateral agreement with the USPTO. The USPTO maintains a list of participating offices on their website.
To learn more:
MPEP 215-Certified Copy of Foreign Application (1)
The USPTO attempts to retrieve foreign applications for design applications through the PDX program where possible. Specifically for Spanish industrial design applications:
The Spanish Patent and Trademark Office deposits certain ES industrial design applications for access by the USPTO via the WIPO DAS. Therefore, when the applicant claims foreign priority to an ES industrial design application and provides the WIPO DAS access code, the USPTO will attempt retrieval via the WIPO DAS.
This means that applicants claiming priority to Spanish industrial design applications should provide the WIPO DAS access code to enable the USPTO to retrieve the application through the WIPO Digital Access Service (DAS).
Patent Law (7)
What is the DAS code for PDX?
The DAS (Digital Access Service) code for PDX (Priority Document Exchange) is US. This code is used when participating in the WIPO DAS system for electronic exchange of priority documents. As stated in the MPEP 215.01: The DAS code for the USPTO is ‘US’.
Applicants need to use this code when authorizing the USPTO to retrieve priority documents from other offices or when allowing other offices to retrieve priority documents from the USPTO through the WIPO DAS system.
To learn more:
What happens if PDX retrieval of a priority document fails?
If the PDX (Priority Document Exchange) retrieval of a priority document fails, the USPTO will notify the applicant. As stated in MPEP 215.01: The USPTO will notify the applicant of any unsuccessful attempt to electronically retrieve a priority document.
In such cases:
- The applicant will be given additional time to provide the priority document.
- The applicant may need to submit a certified copy of the priority document directly.
- If using WIPO DAS, the applicant should check if the access code is correct and the document is available in the system.
- The applicant may need to contact the foreign office to ensure the document is accessible through PDX or WIPO DAS.
It’s important to address any retrieval issues promptly to ensure the priority claim is properly documented in the application.
To learn more:
How to retrieve a foreign priority document through PDX?
To retrieve a foreign priority document through PDX (Priority Document Exchange), follow these steps:
- Ensure the foreign office participates in PDX or WIPO DAS.
- File an application with the USPTO claiming foreign priority.
- Submit a request to retrieve the priority document using USPTO form PTO/SB/38 or through EFS-Web.
- Provide the necessary information, including the foreign application number and filing date.
- If using WIPO DAS, include the DAS access code provided by the foreign office.
According to MPEP 215.01: Applicants need not submit a copy of the foreign application if the foreign application was filed in a participating foreign intellectual property office, and the applicant provides sufficient information to the USPTO to retrieve the priority document.
To learn more:
The USPTO attempts to retrieve foreign applications for design applications through the PDX program where possible. Specifically for Spanish industrial design applications:
The Spanish Patent and Trademark Office deposits certain ES industrial design applications for access by the USPTO via the WIPO DAS. Therefore, when the applicant claims foreign priority to an ES industrial design application and provides the WIPO DAS access code, the USPTO will attempt retrieval via the WIPO DAS.
This means that applicants claiming priority to Spanish industrial design applications should provide the WIPO DAS access code to enable the USPTO to retrieve the application through the WIPO Digital Access Service (DAS).
The PDX system has specific procedures for handling international applications filed under the Patent Cooperation Treaty (PCT). According to MPEP 215.01:
The USPTO will automatically attempt retrieval of international applications filed under the PCT where the receiving office is RO/AU, RO/DK, RO/ES, RO/FI, RO/IB, RO/MA or RO/SE and the applicant has provided the required WIPO DAS access code for the international application to which foreign priority is claimed.
Key points for PCT applications:
- Automatic retrieval attempts are made for certain PCT applications.
- Applies to applications filed with receiving offices: RO/AU, RO/DK, RO/ES, RO/FI, RO/IB, RO/MA, or RO/SE.
- The applicant must provide the WIPO DAS access code for the international application.
- This process streamlines priority document retrieval for eligible PCT applications.
Applicants should ensure they provide the necessary WIPO DAS access code to facilitate this automatic retrieval process.
To learn more:
PDX for U.S. design applications has specific considerations, as explained in MPEP 215.01:
The USPTO will attempt retrieval of foreign applications to which priority is claimed in a U.S. design application where possible. The Spanish Patent and Trademark Office deposits certain ES industrial design applications for access by the USPTO via the WIPO DAS. Therefore, when the applicant claims foreign priority to an ES industrial design application and provides the WIPO DAS access code, the USPTO will attempt retrieval via the WIPO DAS.
Key points for design applications:
- The USPTO attempts to retrieve foreign priority documents for design applications where possible.
- Spanish industrial design applications are accessible through WIPO DAS.
- Applicants must provide the WIPO DAS access code for Spanish industrial design applications.
- The USPTO will attempt retrieval via WIPO DAS when the access code is provided.
This process helps streamline the priority document retrieval for design applications, particularly those with Spanish priority.
To learn more:
Can I use PDX for retrieving priority documents from all foreign patent offices?
No, PDX is not available for all foreign patent offices. The availability of PDX depends on:
- Participation in the WIPO Digital Access Service (DAS)
- Bilateral PDX agreements between the USPTO and specific foreign offices
MPEP 215.01 states: “The USPTO will attempt to electronically retrieve the priority document through the WIPO DAS (if the foreign office is a DAS depositing office) or through a bilateral PDX agreement.”
To use PDX, check if the foreign office participates in WIPO DAS or has a bilateral agreement with the USPTO. The USPTO maintains a list of participating offices on their website.
To learn more:
Patent Procedure (7)
What is the DAS code for PDX?
The DAS (Digital Access Service) code for PDX (Priority Document Exchange) is US. This code is used when participating in the WIPO DAS system for electronic exchange of priority documents. As stated in the MPEP 215.01: The DAS code for the USPTO is ‘US’.
Applicants need to use this code when authorizing the USPTO to retrieve priority documents from other offices or when allowing other offices to retrieve priority documents from the USPTO through the WIPO DAS system.
To learn more:
What happens if PDX retrieval of a priority document fails?
If the PDX (Priority Document Exchange) retrieval of a priority document fails, the USPTO will notify the applicant. As stated in MPEP 215.01: The USPTO will notify the applicant of any unsuccessful attempt to electronically retrieve a priority document.
In such cases:
- The applicant will be given additional time to provide the priority document.
- The applicant may need to submit a certified copy of the priority document directly.
- If using WIPO DAS, the applicant should check if the access code is correct and the document is available in the system.
- The applicant may need to contact the foreign office to ensure the document is accessible through PDX or WIPO DAS.
It’s important to address any retrieval issues promptly to ensure the priority claim is properly documented in the application.
To learn more:
How to retrieve a foreign priority document through PDX?
To retrieve a foreign priority document through PDX (Priority Document Exchange), follow these steps:
- Ensure the foreign office participates in PDX or WIPO DAS.
- File an application with the USPTO claiming foreign priority.
- Submit a request to retrieve the priority document using USPTO form PTO/SB/38 or through EFS-Web.
- Provide the necessary information, including the foreign application number and filing date.
- If using WIPO DAS, include the DAS access code provided by the foreign office.
According to MPEP 215.01: Applicants need not submit a copy of the foreign application if the foreign application was filed in a participating foreign intellectual property office, and the applicant provides sufficient information to the USPTO to retrieve the priority document.
To learn more:
The USPTO attempts to retrieve foreign applications for design applications through the PDX program where possible. Specifically for Spanish industrial design applications:
The Spanish Patent and Trademark Office deposits certain ES industrial design applications for access by the USPTO via the WIPO DAS. Therefore, when the applicant claims foreign priority to an ES industrial design application and provides the WIPO DAS access code, the USPTO will attempt retrieval via the WIPO DAS.
This means that applicants claiming priority to Spanish industrial design applications should provide the WIPO DAS access code to enable the USPTO to retrieve the application through the WIPO Digital Access Service (DAS).
The PDX system has specific procedures for handling international applications filed under the Patent Cooperation Treaty (PCT). According to MPEP 215.01:
The USPTO will automatically attempt retrieval of international applications filed under the PCT where the receiving office is RO/AU, RO/DK, RO/ES, RO/FI, RO/IB, RO/MA or RO/SE and the applicant has provided the required WIPO DAS access code for the international application to which foreign priority is claimed.
Key points for PCT applications:
- Automatic retrieval attempts are made for certain PCT applications.
- Applies to applications filed with receiving offices: RO/AU, RO/DK, RO/ES, RO/FI, RO/IB, RO/MA, or RO/SE.
- The applicant must provide the WIPO DAS access code for the international application.
- This process streamlines priority document retrieval for eligible PCT applications.
Applicants should ensure they provide the necessary WIPO DAS access code to facilitate this automatic retrieval process.
To learn more:
PDX for U.S. design applications has specific considerations, as explained in MPEP 215.01:
The USPTO will attempt retrieval of foreign applications to which priority is claimed in a U.S. design application where possible. The Spanish Patent and Trademark Office deposits certain ES industrial design applications for access by the USPTO via the WIPO DAS. Therefore, when the applicant claims foreign priority to an ES industrial design application and provides the WIPO DAS access code, the USPTO will attempt retrieval via the WIPO DAS.
Key points for design applications:
- The USPTO attempts to retrieve foreign priority documents for design applications where possible.
- Spanish industrial design applications are accessible through WIPO DAS.
- Applicants must provide the WIPO DAS access code for Spanish industrial design applications.
- The USPTO will attempt retrieval via WIPO DAS when the access code is provided.
This process helps streamline the priority document retrieval for design applications, particularly those with Spanish priority.
To learn more:
Can I use PDX for retrieving priority documents from all foreign patent offices?
No, PDX is not available for all foreign patent offices. The availability of PDX depends on:
- Participation in the WIPO Digital Access Service (DAS)
- Bilateral PDX agreements between the USPTO and specific foreign offices
MPEP 215.01 states: “The USPTO will attempt to electronically retrieve the priority document through the WIPO DAS (if the foreign office is a DAS depositing office) or through a bilateral PDX agreement.”
To use PDX, check if the foreign office participates in WIPO DAS or has a bilateral agreement with the USPTO. The USPTO maintains a list of participating offices on their website.
To learn more: