Priority Document Exchange

Priority Document Exchange
JPO Now Joins USPTO and EPO in the PDX Program

The United States Patent and Trademark Office (USPTO) announces the second foreign intellectual property office to join the Priority Document Exchange (PDX) program. As of July 28, 2007 the USPTO can now exchange priority documents electronically with the Japan Patent Office (JPO) as well as the European Patent Office (EPO). The USPTO exchanges priority documents with the JPO and EPO through secure, electronic connections using the Trilateral Document Access (TDA) Web Services at no cost to the applicant.

The USPTO will also automatically request retrieval of a JPO priority document if an U.S. application claims priority in the Oath, Declaration, or Application Data Sheet, eliminating the need to submit a "Request To Retrieve" form SB-38. The USPTO already automatically attempts to electronically retrieve a copy of any EPO priority document to which priority is claimed in an U.S. application

The USPTO and the EPO originally launched the PDX program on January 16, 2007 in order to offer applicants a faster, economical, and more secure transaction of priority documents.

How It Works:
Retrieving Priority Documents from the JPO for USPTO Applications

  • For U.S. applications filed on or after July 28, 2007, the USPTO will automatically attempt to electronically retrieve a copy of any JPO priority document, to which priority is claimed in a U.S. application. The USPTO already automatically attempts to electronically retrieve a copy of any EPO priority document to which priority is claimed in a U.S. application.

  • If an applicant would like the USPTO to retrieve a copy of a JPO priority document for a U.S. application filed prior to July 28, 2007, the applicant must file a request or an authorization form for the USPTO to retrieve a copy of the JPO priority document.
    Form PTO/SB/38 entitled "Request to Retrieve Electronic Priority Application(s)" is available for making such a request on the USPTO website at http://www.uspto.gov/web/forms/sb0038.pdf .

Transmitting U.S. Priority Documents to the JPO or EPO

  • Priority documents will be provided to the JPO and EPO only if one of the following criteria is met:
    • The U.S. application is published or patented;
      -OR-
    • The U.S. application has cleared national security review and the applicant submitted written authorization to transmit the priority document to the intellectual property specified. Use of form PTO/SB/39 entitled "Authorization To Permit Access To Application By Participating Offices" is encouraged for this purpose and is available on the USPTO website at http://www.uspto.gov/web/forms/sb0039.pdf

For additional information, please visit: http://www.uspto.gov/web/offices/com/speeches/07-28.htm or e-mail: PDX@uspto.gov .

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