How can I authorize the USPTO to retrieve my priority document through 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 authorize the USPTO to retrieve your priority document through the Priority Document Exchange (PDX) program, you need to follow these steps:
- File a signed Request to Retrieve Electronic Priority Application(s) (PTO/SB/38 form) or an equivalent request.
- Submit this request before the USPTO sends a notice indicating that the certified copy of the priority document is required.
As stated in MPEP 215.01, Applicants continue to bear the ultimate responsibility for ensuring that the priority document is filed by the time of patent grant as required under 37 CFR 1.55(g).
It’s important to note that even if you authorize the USPTO to retrieve the document, you should monitor the process to ensure successful retrieval.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority
Patent Law
Patent Procedure