Tuesday, March 27, 2007

2007 Priority Document Exchange System

On March 13, 2007, the U.S. Patent and Trademark Office sent emails to patent attorneys announcing that a priority document exchange system was launched on January 16, 2007.

With the PDX system, applicants are able to request electronic retrieval of priority documents from the European Patent Office (EPO) for placement in their US application.

Requests may be made by filing the Form PTO/SB/38 entitled "Request to Retrieve Electronic Priority Application(s)" with the USPTO.

The PDX system also permits the EPO to request electronic retrieval of certified copies of US applications from the USPTO. However, the USPTO will only make such copies available if the application has already published or if the applicant has provided written authorization to do so.

Applicants may grant electronic access to their U.S. patent applications to the EPO by filing the Form PTO/SB/39 entitled "Authorization to Permit Access to Application by Participating Office" with the USPTO.

There is no fee for either retrieving a priority document from a participating Office or for transmitting a priority document to a participating Office.

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