Can I use PDX for retrieving priority documents from all foreign patent offices?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.

Topics: MPEP 200 – Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case