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The priority document exchange program includes two modes of exchange: Direct Bilateral Exchange and World Intellectual Property Organization Digital Access Service (WIPO DAS) Exchange. Please note that an ADS submitted after the filing of an application CANNOT be used to provide or rescind the authorization to permit access. application will indicate whether applicant has provided written authority for access pursuant to 37 CFR 1.14(h)(1).

For example, where the applicant claims priority to a DE (German Patent and Trademark Office) application, a certified copy of which is contained in an EP application the applicant can file form PTO/SB/38 and, under Option A of that form, request the USPTO to obtain from the EP application file (indicate the country, application number, and filing date) an electronic copy of the certified copy of the DE application (indicate the country and application number). Applicants should inspect the application filing receipt and request a corrected filing receipt if a request to retrieve under 37 CFR 1.55(i) is incorrectly captured.

• For Direct Bilateral Exchange, the following paragraph will appear on the filing receipt: Request to Retrieve – This application either claims priority to one or more applications filed in an intellectual property Office that participates in the Priority Document Exchange (PDX) program or contains a proper Request to Retrieve Electronic Priority Application(s) (PTO/SB/38 or its equivalent).

Therefore, for these applications, the applicant must use alternative methods to obtain and transmit the certified copies to foreign IP offices. For WIPO DAS accessing offices where a subsequently filed application claims priority to an earlier filed U. application in which authorization for access is given, the applicant must provide the U. application number, filing date, and the WIPO DAS access code (i.e., the 4-digit confirmation number indicated on the filing receipt and electronic acknowledgement receipt of the U. Therefore, for international applications filed under the Patent Cooperation Treaty (PCT), irrespective of the receiving office chosen, an applicant may request the IB to retrieve via the WIPO DAS a copy of an earlier U. application to which priority is claimed and in which authorization for access is given (PCT Rule 17.1(b-)). VI of the Request (Form PCT/RO/101) to request the RO/US to prepare and transmit to the International Bureau a certified copy of any earlier U. application to which priority is claimed (PCT Rule 17.1(b)). The USPTO is able to retrieve utility patent applications filed with the following participating offices: • (EP) European Patent Office (EPO) effective January 16, 2007 • (KR) Korean Intellectual Property Office (KIPO) effective October 14, 2008 • (CN) State Intellectual Property Office of the People's Republic of China (SIPO) effective October 8, 2014 NOTE: International applications filed under the PCT and design applications are not exchanged via Direct Bilateral Exchange.

For Direct Bilateral Exchange participating offices where a subsequently filed application claims priority to an earlier filed U. application in which authorization for access is given, the applicant must provide the U. In such case, the applicant must claim priority to the earlier U. application and provide the WIPO DAS access code (i.e., the 4-digit confirmation number) for the earlier U. By notification on April 20, 2009, the USPTO expanded its PDX program by agreement with the World Intellectual Property Organization (WIPO) to participate in the multilateral exchange of certain priority documents with other IP offices participating in the WIPO Digital Access Service (DAS) for Priority Documents.

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