What happens if the USPTO is unable to retrieve a priority document through PDX?

If the USPTO is unable to retrieve a priority document through the Priority Document Exchange (PDX) program, the following occurs:

• The USPTO will notify the applicant of the unsuccessful retrieval attempt.
• The applicant will then be required to submit the certified copy of the foreign application.

According to MPEP 215.01, If the foreign certified copy is not received by the USPTO within the pendency of the application and before the patent is granted, the USPTO will notify the applicant that the certified copy of the foreign application has not been received and require the certified copy. It’s crucial for applicants to monitor the status of their priority document and be prepared to submit a certified copy if the electronic retrieval is unsuccessful.

To learn more:

• PDX retrieval failure
• USPTO notification
• certified copy requirement