Patents > Patents EBC> e-Alerts > USPTO e-COMMERCE e-ALERT [16 January 2008]


  • Completing Form PTO/SB/39 for a Successful Electronic Exchange of Priority Documents
  • EFS-Web 1.2 Training Updates Posted
  • Changing Attached Files in a Saved EFS-Web Submission

Completing Form PTO/SB/39 for a Successful Electronic Exchange of Priority Documents

Simple steps can be taken to ensure a successful Priority Document Exchange (PDX). In order for the USPTO to release a copy of an unpublished U.S. application to a participating Intellectual Property Office (IPO), an applicant must submit form PTO/SB/39. One the most common mistakes an applicant makes when filling out the form is including a signature that does not comply with the signature requirements of 37 CFR 1.14(c) (see 37 CFR 1.14(h)(2)). The USPTO is unable to process a PTO/SB/39 form that is not signed in accordance with 37 CFR 1.14(c). Please make sure that your PDX submission is fully compliant, and includes a signature by one of the following individuals:

  1. An applicant
  2. An attorney or agent of record
  3. An authorized official of an assignee of record (made of record pursuant to 37 CFR 3.71)
  4. A registered attorney or agent named in the papers accompanying the application papers filed under 37 CFR 1.53, or the national stage documents filed under 37 CFR 1.495, if an executed oath or declaration pursuant to 37 CFR 1.63 or 1.497 has not been filed
  5. Form PTO/SB/39 may be submitted using EFS-Web, faxed to the Central Fax number at 1-571-273-8300, or mailed to:
    Commissioner of Patents
    P.O. Box 1450
    Alexandria, VA 22313-1450

The USPTO began exchanging priority documents electronically at no cost to the applicant 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 web services.

To ensure successful transmission of your priority document(s) to the EPO or JPO, please submit form PTO/SB/39 as early as possible during the prosecution of your U.S. application.

For additional information regarding PDX, visit or e-mail:

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

Tamara Graysay, Special Program Examiner, Office of PCT Legal Administration. Telephone: (571) 272-6728

Mark Polutta, Senior Legal Advisor, Office of Patent Legal Administration. Telephone: (571) 272-7709

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

e-Commerce Updates

EFS-Web 1.2 Training Updates Posted
The EFS-Web Training presentation has been updated to include content from the 1.2 release which occurred in November 2007.

Did you know?

In EFS-Web, if there are any changes to an attached file in a saved submission, the updated file must be uploaded and validated before submitting. If a user does not upload the updated document, EFS-Web will not automatically load the newly attached file into the Image File Wrapper (IFW). This submission error requires manual intervention by USPTO staff and may delay viewing in Private PAIR by up to two weeks.
To view the updated presentation, visit:


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 "”.

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