Patents > Patents EBC > e-Alerts > USPTO e-COMMERCE e-ALERT [05 December 2007]


  • PDX Checklist
  • EFS-Web 1.2
  • Choosing the correct document description

Priority Document Exchange (PDX)

The United States Patent and Trademark (USPTO) began exchanging priority documents electronically with the European Patent Office (EPO) on January 16, 2007, and with the Japan Patent Office (JPO) on July 28, 2007, through secure, electronic connections using the Trilateral Document Access (TDA) web services at no cost to the applicant. PDX offers applicants a faster, economical, and more secure transmission means for exchanging a priority document between patent offices.

In the last year, the USPTO has had to deny a significant percentage of priority document requests coming from the EPO and the JPO. This high denial rate is a result of Applicants not authorizing release of a copy of the unpublished U.S. application. Filing the Form PTO/SB/39 with the USPTO is encouraged for this authorization purpose. In order to ensure a successful filing of the Form PTO/SB/39 using the USPTO's electronic filing system (EFS-Web), please follow the checklist below.

Filing Form PTO/SB/39 Using EFS-Web

∅ Log in to EFS-Web as a Registered e-Filer

∅ Certify your identity

∅ A request can be made at the time of filing a new application or as a follow-on document. If you are filing a follow-on document, select Existing application/patent on the filing type selection screen following log in

∅ After selecting Existing application/patent, enter the Application Number and Confirmation Number in the appropriate fields

∅ authorize the USPTO to electronically transmit Official Priority Documents to the EPO or JPO and enter them into the file wrapper, attach a completed Form PTO/SB/39 on the Attach Documents screen in EFS-Web. Form PTO/SB/39 must be signed in accordance with 37 CFR 1.14(c). See 37 CFR 1.14(h)(2). The form can be found at:

∅ Select Priority Documents from the Category drop-down list

∅ Select Authorization to Access Application by Trilateral Office from the Document Description drop-down list

∅ Click Upload and Validate button

∅ Review your documents and select Continue

∅ There are no fees associated with requesting priority documents. If there are no other fees due, proceed and click Submit

Form PTO/SB/39 can also be faxed to the Central Fax number at 571-273-8300 or mailed to:
Commissioner of Patents
P.O. Box 1450
Alexandria VA 22313-1450

For Additional Information Regarding PDX Visit or e-mail :

Patent Electronic Business Center (EBC) Telephone : 1-866-217-9197 (toll free)

Diana Oleksa, Patent Legal Advisor Telephone: 1-571-272-3291

Hung Vuong, Computer Specialist Telephone: 1-571-272-5727

e-Commerce Updates
EFS-Web 1.2

More information about the enhancements made to EFS-Web with the 1.2 release in November is now available on the USPTO's website. To learn more about what's new with EFS-Web 1.2, visit:

Did you know?

Choosing the correct document description may be simpler than you think. When attaching your documents, you can click on the blue "i" information icon found near Document Descriptions, and a new window will open with a list of all available document descriptions. The USPTO business process description for each document description is provided to help you index your documents correctly. For a complete list of document descriptions on the USPTO web site, please link to: You can also find help on how to index your documents at


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 "”.

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: