What is the priority document exchange program and how does it affect the certified copy requirement?

The priority document exchange program is a bilateral or multilateral agreement between the USPTO and participating foreign intellectual property offices that allows for the electronic exchange of priority documents. This program can satisfy the requirement for filing a certified copy of a foreign application under certain conditions.

According to 37 CFR 1.55(i), the certified copy requirement will be considered satisfied if:

• The foreign application was filed in a participating foreign intellectual property office
• The claim for priority is presented in an application data sheet (ADS)
• The applicant provides the necessary information for the participating office to provide the USPTO with access to the foreign application
• The USPTO receives a copy of the foreign application from the participating office during the pendency of the application and before the patent is granted

This provision can significantly simplify the process of meeting the certified copy requirement for applicants whose priority applications are from participating countries.

For more information on certified copy, visit: certified copy.

For more information on foreign application, visit: foreign application.

For more information on priority document exchange, visit: priority document exchange.