By Robert Dailey --
The United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) announced on Monday that the two offices had launched a free service that permits the offices to exchange patent application priority documents. A similar document exchange service already exists between the USPTO and the EPO (see "Priority Document Exchange Update").
The new service will relieve applicants of the burden of providing certified copies of foreign applications when priority is claimed under the Paris Convention (codified at 35 USC § 119(a)-(d)). Applicants now may simply file a form (Form PTO/SB/38) that requests that the USPTO retrieve an electronic copy of the Japanese application from the JPO. Submission of the form will satisfy any obligation to submit a certified copy of the Japanese application.
The USPTO may still require applicants to submit English-language translations of portions of the Japanese application, if necessary.
Also, the JPO has instituted a reciprocal service for Japanese applications that claim priority to US applications. Use of this reciprocal service requires filing of Form PTO/US/39.
Robert Dailey, Ph.D., is a physical chemist and regular Patent Docs contributor. Dr. Dailey, who recently completed his studies at the University of North Carolina School of Law and passed the patent registration exam, will be joining MBHB this fall.
For additional information on this topic, please see:
• "JPO to Join USPTO and EPO in Priority Document Exchange Program," July 11, 2007
• "Patent Office Announces Simplification of Priority Document Exchange," June 7, 2007
• "USPTO's Advice Concerning Priority Document Exchange (PDX) Program," April 24, 2007
• "EFS-Web Document Indexing and Priority Document Exchange," January 30, 2007
• "Priority Document Exchange Update," January 19, 2007
• "USPTO Implements Priority Document Exchange," January 18, 2007
• "Private PAIR 7.0 and PDX Presentation," December 20, 2006
• "$$$ in Applicants' Pockets!" November 24, 2006
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