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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim for Foreign Priority Must Be Filed Before Patent Grant MPEP 214 Claim for Foreign Priority Must Be Filed Within Twelve Months MPEP 214 Unintentionally Delayed Foreign Priority Claim Requirement MPEP 214.02 Permitted Petition Required for Late Foreign Priority Claim MPEP 214.02 Unintentionally Delayed Priority Claim for Design Applications MPEP 214.02 Permitted Priority Claim for Foreign Application Not Required for Restoration Petition MPEP 213 Requirement for Foreign Priority Claim on International Design Application MPEP 213.01 Permitted Requirement for Foreign Priority Claim on International Design Application MPEP 213.07 Permitted Requirement ...