What happens if the USPTO fails to retrieve a priority document through the exchange program?
If the USPTO fails to retrieve a priority document through the exchange program, the applicant is notified and given an opportunity to correct the issue. According to MPEP 215.02(a):
“If the USPTO is unable to retrieve a copy of the foreign application to which priority is claimed, the applicant will be notified and given an opportunity to provide the missing priority document.”
This ensures that applicants have a chance to submit the required documents manually if the automated system fails.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure