What happens if the USPTO is unable to retrieve a priority document through PDX?
If the USPTO is unable to retrieve a priority document through the Priority Document Exchange (PDX) program, the following occurs: The USPTO will notify the applicant of the unsuccessful retrieval attempt. The applicant will then be required to submit the certified copy of the foreign application. According to MPEP 215.01, If the foreign certified copy…
Read MoreHow do I claim priority to a prior foreign patent application in a U.S. patent application?
To claim priority to an earlier-filed foreign application, the applicant must: 1. File the U.S. application within 12 months of the foreign application’s filing date (6 months for design applications).2. In the U.S. application, include a claim for priority that identifies the foreign application. For applications filed on/after 9/16/12, this must be in an ADS.3.…
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