Applicants should inspect the application filing receipt and request a corrected filing receipt if a request to retrieve under 37 CFR 1. For a majority of international applications filed under the PCT, the applicant has complied with the certified copy requirement during the international phase by submitting the certified copy to the International Bureau as set forth in PCT Rule When the applicant submits a U.
The copy of a priority document received directly from the International Bureau satisfies the requirement for a certified copy in the national phase application. For the few international applications filed under the PCT where the applicant has not complied with the certified copy requirement during the international phase, the applicant may wish to satisfy the certified copy requirement by using the Direct Bilateral Exchange or the WIPO DAS Exchange of the PDX program as discussed above. A Failure Status Report may be disregarded when the electronically retrieved priority document is contained in the application.
Otherwise, the applicant may wish to carefully review the accuracy of the following information on the filing receipt:. If the priority claim indicated on the filing receipt is incorrect, the priority document cannot be successfully retrieved and the application is not covered by the 37 CFR 1. To correct the priority claim, the applicant may file a request for a corrected filing receipt accompanied by a corrected Application Data Sheet ADS.
If the priority claim information shown on the filing receipt is not consistent with the priority claim information that was timely presented in an ADS that complies 37 CFR 1. If the filing receipt accurately reflects the foreign priority claim and the electronically retrieved priority document is not yet in the application, the customer should contact the Patents Electronic Business Center and request that the matter be escalated to determine the cause of the Failure Status Report.
Note that the applicant continues to bear the ultimate responsibility for ensuring that the priority document is filed during the pendency of the application and before the patent is issued. In general, an attempt to retrieve an eligible foreign application will be made by the USPTO when the application is docketed to an examiner.
It may take about 2 weeks to complete the process of sending the retrieval attempt to the foreign IP office and loading the electronically retrieved priority document into the application. If the filing receipt reflects the accurate foreign priority claim and WIPO DAS access code, if applicable, the applicant should contact the Patents Electronic Business Center and request that the matter be escalated to determine why the priority document is not yet in the file.
It is best practice for the applicant to provide the WIPO DAS access code when making the foreign priority claim or as soon as possible after the filing of the U. First, a claimed invention in the application will not be entitled to the filing date of the foreign priority application if the USPTO has not received a certified copy of the foreign application or an electronic copy retrieved under the priority document exchange program.
Second, if the certified copy this includes the electronic copy retrieved under the priority document exchange program is received after the date the issue fee is paid, the patent will not include the priority claim unless corrected by certificate of correction under 35 U.
For other assistance, please see our contact us page. Access to U. Otherwise, the applicant may wish to carefully review the accuracy of the following information on the filing receipt: 2-letter country code, application number, filing date, and WIPO DAS access code if applicable. The Project Exchange Report Summary provides statistics, including the number of applications accorded special status for examination under the Patent Application Backlog Reduction Stimulus Plan through January 2, Some content linked to on this page may require a plug-in for Adobe Acrobat Reader.
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