What is the priority document exchange program and how does it affect foreign priority claims?

The priority document exchange program is an agreement between patent offices to electronically exchange priority documents. It affects foreign priority claims in the following ways:

• Applicants may not need to submit a certified copy if the foreign application is available through the program
• The USPTO will attempt to retrieve the priority document automatically
• If successful, it satisfies the requirement to file a certified copy

MPEP 214.02 mentions: “37 CFR 1.55(h) contains provisions relating to when the requirement for a certified copy will be considered satisfied based on a certified copy filed in another U.S. patent or application (see also MPEP § 215, subsection III); 37 CFR 1.55(i) contains provisions relating to the priority document exchange agreement (see also MPEP §§ 215.01 and 215.02(a)).”

Applicants should still monitor the application to ensure the priority document is retrieved and may need to submit a certified copy if the automatic retrieval fails.