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:

  1. Ensure the foreign office participates in PDX or WIPO DAS.
  2. File an application with the USPTO claiming foreign priority.
  3. Submit a request to retrieve the priority document using USPTO form PTO/SB/38 or through EFS-Web.
  4. Provide the necessary information, including the foreign application number and filing date.
  5. 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
Tags: foreign priority, PDX, priority document retrieval, WIPO DAS