How does the Electronic Priority Document Exchange (PDX) program work with the USPTO?

How does the Electronic Priority Document Exchange (PDX) program work with the USPTO?

The Electronic Priority Document Exchange (PDX) program is a system that allows participating intellectual property offices to exchange priority documents electronically. According to MPEP 215.01, the USPTO participates in this program, which can simplify the process of submitting certified copies of foreign priority applications.

The MPEP states: The USPTO has agreements with the European Patent Office (EPO) and the Japan Patent Office (JPO) that enable the USPTO to obtain certified copies of foreign applications filed in those offices from their electronic records management systems.

Here’s how the PDX program works with the USPTO:

• If a foreign application was filed with a participating office (e.g., EPO or JPO), the applicant can request that office to make the certified copy of the priority document available to the USPTO.
• The applicant must submit a request to retrieve the priority document through the USPTO’s electronic filing system (EFS-Web or Patent Center).
• The USPTO will then attempt to retrieve the document electronically from the foreign office.
• If successful, this electronic retrieval satisfies the requirement to file a certified copy of the foreign priority application.

It’s important to note that the applicant is still responsible for ensuring that the certified copy is received by the USPTO within the required time frame, even when using the PDX program.