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

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

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.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case