How does the USPTO handle priority claims under the PDX program?

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.

The USPTO treats a proper priority claim to an application filed in a participating foreign intellectual property office as a request to obtain a copy of the foreign application. The MPEP states:

The Office treats a proper priority claim under 37 CFR 1.55 to an application filed in a participating foreign intellectual property office as a request that the Office obtain a copy of the foreign application from the participating intellectual property office.

This means that applicants do not need to submit a separate request for the USPTO to retrieve the foreign application if they have made a proper priority claim and the foreign office is a PDX participant.

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