What is the time limit for filing a request to retrieve a foreign application through PDX?
The time limit for filing a request to retrieve a foreign application through the Priority Document Exchange (PDX) program is specified in 37 CFR 1.55(i)(4). According to the MPEP:
The request must be filed within the later of sixteen months from the filing date of the prior foreign application, four months from the actual filing date of an application under 35 U.S.C. 111(a), four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f) (§ 1.491(a)), or four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or the request must be accompanied by a petition under paragraph (e) or (f) of this section.
It’s important to note that if you miss this deadline, you may need to file a petition to accept a delayed priority claim or submit a certified copy of the foreign application directly.
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