What if my foreign application was not filed in a participating PDX office?
If your foreign application was not filed in a participating Priority Document Exchange (PDX) office, you may still be able to use the PDX program under certain conditions. According to 37 CFR 1.55(i)(4):
If the foreign application was not filed in a participating foreign intellectual property office, but a copy of the foreign application was filed in an application subsequently filed in a participating foreign intellectual property office that permits the Office to obtain such a copy, the applicant must also file a request in a separate document that the Office obtain a copy of the foreign application from the participating intellectual property office.
To make this request, you can use Form PTO/SB/38 (Request to Retrieve Electronic Priority Application(s)). The request must identify the participating office and the subsequent application by application number, country, and filing date.
To learn more: