How to retrieve a foreign priority document through PDX?
How to retrieve a foreign priority document through PDX?
To retrieve a foreign priority document through PDX (Priority Document Exchange), follow these steps:
- Ensure the foreign office participates in PDX or WIPO DAS.
- File an application with the USPTO claiming foreign priority.
- Submit a request to retrieve the priority document using USPTO form PTO/SB/38 or through EFS-Web.
- Provide the necessary information, including the foreign application number and filing date.
- If using WIPO DAS, include the DAS access code provided by the foreign office.
According to MPEP 215.01: Applicants need not submit a copy of the foreign application if the foreign application was filed in a participating foreign intellectual property office, and the applicant provides sufficient information to the USPTO to retrieve the priority document.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure