What are the requirements for using the Priority Document Exchange program?

To use the Priority Document Exchange (PDX) program, several requirements must be met as outlined in MPEP 215.02(a):

1. The foreign application must be filed in a participating foreign intellectual property office.
2. The claim for priority must be presented in an application data sheet (ADS) with specific details about the foreign application.
3. The copy of the foreign application must be received by the USPTO from the participating foreign office, or a certified copy must be filed, within the specified time period.

The MPEP states:

37 CFR 1.55(i) specifically provides that this requirement for a timely filed certified copy of the foreign application will be considered satisfied if: (1) The foreign application was filed in a foreign intellectual property office participating with the Office in a bilateral or multilateral priority document exchange agreement (participating foreign intellectual property office); (2) the claim for priority is presented in an application data sheet (§1.76(b)(6)), identifying the foreign application for which priority is claimed, by specifying the application number, country (or intellectual property authority), day, month, and year of its filing, and including the information necessary for the participating foreign intellectual property office to provide the Office with access to the foreign application; and (3) the copy of the foreign application is received by the Office from the participating foreign intellectual property office, or a certified copy of the foreign application is filed, within the time period set forth in 37 CFR 1.55(g)(1)).

Meeting these requirements allows applicants to potentially avoid manually filing certified copies of foreign priority documents.

For more information on certified copy, visit: certified copy.

For more information on foreign application, visit: foreign application.

For more information on PDX, visit: PDX.

For more information on priority document exchange, visit: priority document exchange.

For more information on requirements, visit: requirements.