By Donald Zuhn --
As reported here earlier, the U.S. Patent and Trademark Office (USPTO) has now promulgated a final rule providing for the electronic transfer of certified copies of priority documents from other intellectual property offices and permitting other intellectual property offices to electronically retrieve certified copies of U.S. patent applications without payment of a fee. A list of participating intellectual property offices and the date on which applicants may begin requesting electronic transfer and retrieval of priority documents will be subsequently posted by the USPTO in the
Official Gazette.
In conjunction with the changes to the rules, the USPTO has also provided two forms for applicants to use in requesting the electronic transfer of certified copies of foreign priority documents to the USPTO (PTO/SB/38) or authorizing other offices to retrieve electronic copies of U.S. applications from the USPTO (PTO/SB/39). In addition to allowing for the transfer of priority documents filed in participating intellectual property offices, the rules changes also allow for the transfer of a priority document filed in a non-participating intellectual property office provided that the document is stored in a patent application file in a participating intellectual property office.
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