How to retrieve a foreign priority document through PDX?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request to Retrieve Electronic Priority Application Is Required MPEP 215.01 Permitted USPTO Attempts to Retrieve Foreign Priority Applications MPEP 215.01 Incorrect Foreign Priority Citation Delays PDX Retrieval MPEP 215.01 Proper Foreign Application Citation Required for PDX MPEP 215.01 Incomplete Foreign Priority Claim Prevents PDX Retrieval MPEP 215.01 Requirement for Separate Written Request to Retrieve Foreign Application After Priority Claim MPEP 215.01 Permitted Check for Received Foreign Application Under PDX MPEP 215.01 Prohibited Priority Claim Treats as Request for Foreign Application Copy MPEP 215.01 USPTO Will Automatically Retrieve PCT Applications With WIPO DAS Code MPEP 215.01 Required Spanish Industrial Design Priority via WIPO DAS MPEP 215.01 Other Related FAQs 5 FAQs Collapse How does the USPTO handle priority claims under PDX? When is a ...