What is the timeliness requirement for priority documents in the PDX program?
The timeliness requirement for priority documents in the PDX program is crucial for patent applicants. MPEP 215.02(a) states:
“If the priority document is retrieved after the application is allowed, the patent will not include the priority claim unless the applicant promptly files a request for a Certificate of Correction under 35 U.S.C. 255 and 37 CFR 1.323.”
Key points about the timeliness requirement:
- Priority documents should be retrieved before the application is allowed
- If retrieved after allowance, a Certificate of Correction is required
- Applicants should monitor the retrieval status and take action if necessary
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure