How do I retrieve a priority document from a foreign IP office using 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 retrieve a priority document from a foreign IP office using PDX:

  • Ensure the foreign IP office participates in PDX.
  • File an application with the USPTO that claims priority to the foreign application.
  • Submit a Request to Retrieve through EFS-Web or Patent Center.
  • Include the foreign application number, country code, and filing date.
  • The USPTO will attempt to retrieve the document electronically.

According to MPEP 215.01: “The USPTO will attempt to electronically retrieve the priority document through the WIPO DAS […] or through a bilateral PDX agreement.”

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