Electronic Priority Document Exchange (PDX) Program

The USPTO exchanges priority documents with other foreign IP offices via the WIPO DAS Exchange (see WIPO DAS Exchange with Participating Offices below).  

   AUTHORIZATION TO PERMIT ACCESS

Access to a U.S. priority application may be provided to a participating office pursuant to 37 CFR 1.14(h)(1) if the application contains written authority granting such access.  The ADS form (PTO/AIA/14) includes a section allowing applicants to provide the USPTO with authorization to permit a participating office access to a U.S. priority application.  To be effective, the ADS form containing the appropriate authorization language must be properly signed and be submitted with the filing of the U.S. priority application.   

Please note that an ADS submitted after the filing of an application CANNOT be used to provide or rescind the authorization to permit access.  Instead, applicants should use form PTO/SB/39 (or an applicant-generated equivalent) to provide or rescind the authorization for access under 37 CFR 1.14(h)(1) after the filing of the application.

   FILING RECEIPT INDICATION OF AUTHORIZATION TO PERMIT ACCESS

The filing receipt of the U.S. application will indicate whether applicant has provided written authority for access pursuant to 37 CFR 1.14(h)(1).  Applicants should inspect the application filing receipt and request a corrected filing receipt if authorization for access under 37 CFR 1.14(h)(1) was incorrectly captured.

   LIMITATIONS OF AUTHORIZATION

An authorization to permit access will not be recorded in international applications filed with the United States Receiving Office (RO/US).  Therefore, for these applications, the applicant must use alternative methods to obtain and transmit the certified copies to foreign IP offices. 

   ACCESS VIA WIPO DAS EXCHANGE

For WIPO DAS accessing offices where a subsequently filed application claims priority to an earlier filed U.S. application in which authorization for access is given, the applicant must provide the U.S. 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.S. application). 

The International Bureau, in its capacity as a WIPO DAS accessing office, may access U.S. applications in which authorization for access is given.  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 Exchange a copy of an earlier U.S. application to which priority is claimed and in which authorization for access is given (PCT Rule 17.1(b-bis)).  In such case, the applicant must claim priority to the earlier U.S. application and provide the WIPO DAS access code (i.e., the 4-digit confirmation number) for the earlier U.S. application (see Box No. VI of the Request (Form PCT/RO/101)).

NOTE: For international applications filed with the RO/US, the applicant should check the appropriate item in Box No. 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.S. application to which priority is claimed (PCT Rule 17.1(b)).  This service is independent from the PDX program.