How does the USPTO retrieve foreign priority documents through the priority document exchange program?
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 retrieves foreign priority documents through the priority document exchange program automatically when certain conditions are met. As stated in MPEP 215.02(a):
“The USPTO will attempt retrieval of the priority document through the priority document exchange program when the applicant has (1) requested retrieval via the Priority Document Exchange (PDX) program in an application data sheet and (2) provided a foreign application number and intellectual property office that participates in a priority document exchange agreement with the USPTO.”
This automated process helps streamline the priority document submission for applicants.