What is the ‘certified copy’ of a foreign application?
A certified copy of a foreign application is a copy of the original foreign application with a certification by the patent office of the foreign country in which it was filed. According to the MPEP, “Certified copies ordinarily consist of a copy of the specification and drawings of the applications as filed with a certificate…
Read MoreWhat happens if the certified copy is filed after the issue fee is paid?
If the certified copy of the foreign application is filed after the date the issue fee is paid but prior to the date of grant of the patent, it will be placed in the file record but there will be no review of the papers. The patent when published will not include the priority claim.…
Read MoreWhen is the latest a certified copy can be filed for the patent to include the foreign priority claim without a certificate of correction?
The certified copy of the foreign application must be filed before the patent is granted. If the certified copy is filed after payment of the issue fee but prior to the date of grant, the priority claim will be placed in the file record but the patent will not include the priority claim unless corrected…
Read MoreWhat is the significance of the Access Code on the Request to Retrieve Electronic Priority Application?
What is the significance of the Access Code on the Request to Retrieve Electronic Priority Application? The Access Code on the Request to Retrieve Electronic Priority Application plays a crucial role in the priority document exchange process. The MPEP states: ‘The Request to Retrieve Electronic Priority Application must include the Access Code assigned to that…
Read MoreWhat happens if a certified copy is not received within the time period set in 37 CFR 1.55(f)?
What happens if a certified copy is not received within the time period set in 37 CFR 1.55(f)? If a certified copy is not received within the time period set in 37 CFR 1.55(f), the USPTO will send a Notice of Allowance and Issue Fee Due (Notice of Allowance) with a requirement for the certified…
Read MoreHow does the Electronic Priority Document Exchange (PDX) program work with the USPTO?
How does the Electronic Priority Document Exchange (PDX) program work with the USPTO? The Electronic Priority Document Exchange (PDX) program is a system that allows participating intellectual property offices to exchange priority documents electronically. According to MPEP 215.01, the USPTO participates in this program, which can simplify the process of submitting certified copies of foreign…
Read MoreHow can applicants ensure successful retrieval of foreign applications through PDX?
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,…
Read MoreWhere can I find more information about the PDX program?
The USPTO provides additional information about the Priority Document Exchange (PDX) program on its official website. According to the MPEP: The Office website provides additional information concerning the priority document exchange program (www.uspto.gov/patents/basics/international-protection/electronic-priority-document-exchange-pdx). This website includes important details such as: A list of intellectual property offices participating in the PDX program Information necessary for each…
Read MoreAre there any fees associated with using the PDX program for priority document exchange?
Generally, there are no additional fees charged by the USPTO for using the PDX program to exchange priority documents. The MPEP 215.01 does not mention any specific fees for this service. However, it’s important to note: Regular patent application fees still apply. If the PDX retrieval fails and you need to submit a certified copy,…
Read MoreWhat is the PDX program for patent applications?
The Priority Document Exchange (PDX) program is an electronic system that allows participating intellectual property offices to exchange priority documents securely. According to MPEP 215.01, “Under the PDX program, the participating offices electronically transmit priority documents to each other as needed.” This program eliminates the need for applicants to submit paper certified copies of priority…
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