When is a separate written request needed for PDX retrieval?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. A separate written request for PDX retrieval is needed in two specific situations: When the applicant wishes the Office to retrieve a foreign application from a foreign intellectual property office that becomes a participating office after the foreign priority has been claimed, as long as the time period set in 37 CFR 1.55 has not expired. When the foreign application was not originally filed in a participating office, but a certified copy was filed in an application subsequently filed in a participating foreign intellectual property office. The MPEP provides Form PTO/SB/38 for such requests: Applicants can use Form PTO/SB/38 (Request to Retrieve Electronic Priority Application(s)) to file such a request. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Certified Copy of Foreign Application as Filed Required MPEP 215 Required Certified Copy Not Needed for Later Applications MPEP 215 Certified Copy Must Be Original Foreign Application MPEP 215 Specification and Drawings of Foreign Application Required MPEP 215 Requirement for Certified Copy When Priority Claimed MPEP 215 Examiner Must Review Certified Copy of Foreign Application MPEP 215 Recommended Filing of Foreign Priority Papers Completes US Patent File MPEP 215 Requirement for Certified Foreign Application Copy MPEP 215 Requirement for Certified Foreign Application Copy MPEP 215 Required Identify Certified Copy Application for Priority Claim MPEP 215 Permitted Other Related FAQs 5 FAQs Collapse What is the Electronic Priority Document Exchange (PDX) program? How does the USPTO handle priority claims under the PDX program? How does the USPTO handle certified copies for international design applications? What a...