The Office`s website contains information on the priority document exchange programme (www.uspto.gov/patents-getting-started/international-Schutz/elektronische the exchange of priority documents). See also MPEP 215.01. This information includes the IP offices participating in the priority document exchange program, as well as the information needed for each participating foreign IP office to enable the Office to access the application abroad. The Agency appreciates that an applicant may find that the Agency does not receive a copy of a foreign application for the priority document exchange program until after the deadline for 37 CFR 1.55 (f) has expired. In this case, an applicant who otherwise meets the requirements of 37 CFR 1.55 (i) can meet the requirement of 37 CFR 1.55 (i) (i) (3) by filing a certified copy of the foreign application with the Agency in connection with the issuance of the patent and prior to the issuance of the patent. If you receive this message, although you are debiting from an application with the USPTO and sending the authorization form (PTO/SB/39) for electronic exchange to the USPTO, please contact the USPTO directly about the status of the message. If you wish to continue the electronic exchange, please forward the result of a petitioned confirmation to the JPO. You can also send a priority document on paper to the JPO. The right to foreign priority and the certified copy of foreign demand, in accordance with the 35 states.C. 119b or 17 pct, must in any case be filed before the patent is granted. If the foreign priority right or certified copy of the foreign application is filed after the date of payment of the issuance tax, but before the date of the issuance of the patent, the priority claim or certified compliant copy is inserted in the file book, but there will be no verification of the exhibits and the patent does not contain the priority claim at the time of publication. A correction certificate under 35 U.S.C 255 and 37 CFR 1.323 may be filed to have the priority claim or certified copy verified after the patent is published.
In addition, for initial applications filed under 35 U.C 111 (a) (with the exception of a design application), for which the right of priority was not filed in a timely manner, a timely application for acceptance of an unintentionally delayed priority right under 37 CFR 1.55 (e) and the petition tax with the rectification certificate should be filed. If the priority claim was filed in a timely manner but was not included in the patent, as the certified copy was not filed, there is also filing a petition under 37 CFR 1.55 (f) and the petition tax or, in the case of a design application, a petition eligible under 37 CFR 1.55 (g), and the petition fee must also be filed with the rectification certificate, unless the exclusion does not apply to 37 CFR 1.55 (h). See MPEP No. 216.01. Request to Retrieve – This application either claims the priority of one or more applications submitted to an IP Office participating in the PDX (Priority Document Exchange) program or contains an appropriate requirement for obtaining electronic priority applications (PTO/SB/38 or their equivalent). As a result, the USPTO will endeavour to electronically access these priority documents. If the applicant has filed a certified copy of a foreign application but has not claimed a foreign priority, the applicant must be informed in paragraph 2.22 above.