How do I request retrieval of a foreign 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 request retrieval of a foreign priority document through the Priority Document Exchange (PDX) program, follow these steps:

  1. Ensure that the foreign application is from a participating office in the PDX program.
  2. File an application data sheet (ADS) including a proper priority claim to the foreign application.
  3. Submit a request for retrieval of the foreign priority document.

The MPEP 215.01 states: “To authorize retrieval of a priority document via PDX, the applicant should submit the request electronically via EFS-Web using the Priority Document Exchange Request form (PTO/SB/38) or as a pre-grant (PGPub) request via Private PAIR.” It’s important to note that the request should be made within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority MPEP 215-Certified Copy of Foreign Application Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Fees 1 17, Foreign Priority Claim Requirements, right of priority