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Patents > Patents EBC > e-Alerts > USPTO e-COMMERCE e-ALERT [01 August 2007]

USPTO e-COMMERCE e-ALERT

This e-Alert contains detailed information on the following important subjects regarding USPTO e-Commerce:

  • JPO Now Joins USPTO and EPO in the PDX Program
  • Terminal/Statutory Disclaimer Fee Payment
  • Best Practices Forum Results webinar

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 https://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 https://www.uspto.gov/web/forms/sb0039.pdf

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

Terminal/Statutory Disclaimer Fee Payment

When paying for Terminal or Statutory Disclaimers, the correct fee code is 1814 – Statutory Disclaimer located in the Post Issuance and Post Allowance Fees section of the “Calculate Fees” page in EFS-Web. See 37 CFR 1.20(d) and 1.321.

Currently, the Large Entity Statutory Disclaimer fee is available when filing a follow-on submission. The Small Entity fee option will be made available through follow-on submissions in the 1.2 release of EFS-Web currently scheduled later this year.

Small entity filers can submit a fee transmittal form indicating their deposit account number in substitution of paying the fee through EFS-Web. To pay by credit card, please submit the fee transmittal form as well as the Credit Card Payment Form (Form PTO-2038) to the Central Fax (571-273-8300) subsequent to filing their Disclaimer document via EFS-Web. Alternatively, the Credit Card Payment Form may be mailed via Express Mail (if same receipt date is desired) to:

Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

Please do not submit the credit card authorization form through EFS-Web.

If you have any questions, please contact the Patent Electronic Business Center (PEBC) at 866-217-9197.

Did you know?

You can learn about e-filers’ ideas, individual challenges, and successes surrounding the adoption of EFS-Web into their business processes by watching the Best Practices Forum Results webinar. The webinar can be viewed online at: https://www.uspto.gov/web/forms/sb0039.pdf"

 


If you have any specific questions about EFS-Web, PAIR, PKI, or any other component of our e-Commerce initiative, please contact the Patent Electronic Business Center (EBC) at 1-866-217-9197 (toll-free) or 1-571-272-4100 or send an e-mail to "ebc@uspto.gov”.

To receive regular e-mail updates from the USPTO on Patents e-Commerce and other e-Commerce related developments, please subscribe to the e-Commerce e-Alert using the following link: http://uspto.websurveyor.net/mail/register.aspx/uspto.websurveyor.net/mail/register.aspx.

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