What should applicants do upon receiving a Notice of Allowance regarding PDX?

When applicants receive a Notice of Allowance, they should take specific actions regarding PDX as outlined in MPEP 215.01:

Upon receipt of a Notice of Allowance, applicants should check to see whether the Office has received a copy of the foreign application under the priority document exchange program because successful retrieval of priority documents cannot be guaranteed.

Important steps for applicants:

  • Verify that the USPTO has received the foreign priority document.
  • If the document hasn’t been received, consider filing a paper certified copy.
  • Ensure the priority document is received before the patent is granted.
  • Be aware that if a certified copy is filed after the issue fee is paid, the patent won’t include the priority claim unless corrected by a certificate of correction.

It’s crucial to confirm receipt of the priority document to maintain the priority claim in the issued patent.

To learn more:

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: notice of allowance, patent issuance, PDX, priority documents