What happens if a priority document is not timely retrieved through the PDX program?

If a priority document is not timely retrieved through the PDX program, there can be significant consequences for the patent application. According to MPEP 215.02(a):

“If the priority document is not retrieved within the time period set in 37 CFR 1.55(g)(1), the applicant is notified and given a time period within which to file the certified copy in accordance with 37 CFR 1.55(g)(1).”

Consequences of untimely retrieval:

• Applicant receives a notification of non-retrieval
• A time limit is set for manual submission of the certified copy
• Failure to submit within the time limit may result in loss of priority claim
• Additional fees may be required for late submission

To learn more:

• untimely retrieval
• PDX program
• priority documents
• patent application
• certified copy