How can applicants ensure successful retrieval of priority documents under PDX?

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.

To ensure successful retrieval of priority documents under PDX, applicants should follow these guidelines from MPEP 215.01:

Applicants are strongly encouraged to cite the foreign application using an acceptable format (see MPEP § 214.04) and use proper and consistent citation format throughout the U.S. application.

Key points for successful retrieval include:

  • Provide proper, complete, and consistent citations of foreign priority applications and filing dates.
  • Use an acceptable format for citing foreign applications (refer to MPEP § 214.04).
  • Ensure the foreign priority claim is complete to prevent retrieval issues.
  • Check the Private Patent Application and Information Retrieval (PAIR) system to confirm successful retrieval.

Remember, a successful retrieval typically takes about one week to complete.

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