What happens if PDX retrieval of a priority document fails?

What happens if PDX retrieval of a priority document fails?

If the PDX (Priority Document Exchange) retrieval of a priority document fails, the USPTO will notify the applicant. As stated in MPEP 215.01: The USPTO will notify the applicant of any unsuccessful attempt to electronically retrieve a priority document.

In such cases:

  • The applicant will be given additional time to provide the priority document.
  • The applicant may need to submit a certified copy of the priority document directly.
  • If using WIPO DAS, the applicant should check if the access code is correct and the document is available in the system.
  • The applicant may need to contact the foreign office to ensure the document is accessible through PDX or WIPO DAS.

It’s important to address any retrieval issues promptly to ensure the priority claim is properly documented in the application.

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: failed retrieval, PDX, priority document retrieval, WIPO DAS