When is a separate written request required for retrieving foreign applications under PDX?

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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 is required in specific situations, as outlined in MPEP 215.01 : A separate written request may be used when the applicant wishes the Office to retrieve a foreign application from a foreign intellectual property office that becomes a participating foreign intellectual property office after the foreign priority has been claimed, so long as the time period set in 37 CFR 1.55 has not expired. Additionally, a separate request is needed 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 office. The applicant wants to 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 Request to Retrieve Electronic Priority Application Is Required MPEP 215.01 Permitted Requirement for Separate Written Request to Retrieve Foreign Application After Priority Claim MPEP 215.01 Permitted Request Required for Non-Participating Office Foreign Applications MPEP 215.01 Required Certified Copy Not Required for Later Applications MPEP 215 Certified Copy Must Be Original Foreign Application MPEP 215 Certified Copy of Foreign Application as Filed Required MPEP 215 Required USPTO Attempts to Retrieve Foreign Priority Applications MPEP 215.01 Requirement for Certified Copy When Priority Claimed MPEP 215 Proper Foreign Application Citation Required for PDX MPEP 215.01 Certified Copy Before Grant Required MPEP 215.01 Required Other Related FAQs 5 FAQs Collapse How does the USPTO handle priority claims under PDX? How do I retrieve a priority document from a foreign...