By Christopher P. Singer --
PDX Program
In an e-Commerce alert notice sent by e-mail today, December 5, 2007, the USPTO provides a number of tips for completing a successful priority document exchange (PDX) request. Throughout the past year, the USPTO began exchanging priority documents electronically with the EPO and JPO through secure electronic connections at no cost to applicants. Since the time this PDX program began, a number of requests have been filed incorrectly (and thus denied) because Applicants are not authorizing release of a copy of unpublished U.S. applications. The USPTO encourages that applicants file the Form PTO/SB/39 with the USPTO in order to authorize release of unpublished U.S. applications, and provide a checklist for successful filing:
- Log into EFS-Web as a Registered e-Filer.
- Certify your identity.
- A request can be made at the time of filing a new application or as a follow-on document. If you are filing a follow-on document, select "Existing application/patent" on the filing type selection screen following log in.
- After selecting "Existing application/patent," enter the Application Number and Confirmation Number in the appropriate fields.
- To authorize the USPTO to electronically transmit Official Priority Documents to the EPO or JPO and enter them into the file wrapper, attach a completed Form PTO/SB/39 on the Attach Documents screen in EFS-Web. Form PTO/SB/39 must be signed in accordance with 37 C.F.R. § 1.14(c). See 37 C.F.R. § 1.14(h)(2). The form can be found here.
- Select "Priority Documents" from the Category drop-down list.
- Select "Authorization to Access Application by Trilateral Office" from the Document Description drop-down list.
- Click "Upload and Validate" button.
- Review your documents and select "Continue."
- There are no fees associated with requesting priority documents. If there are no other fees due, proceed and click "Submit."
Alternatively, Form PTO/SB/39 can be faxed to the Central Fax number at 571-273-8300 or mailed to: Commissioner of Patents, P.O. Box 1450, Alexandria VA 22313-1450. More information about the PDX program can be found here.
EFS-Web 1.2
The USPTO has provided a link describing the new enhancements made to EFS-Web with the 1.2 release last month. Enhancements include a fillable cover sheet for provisional applications, an enhanced pay fees page which lists fees based on the particular type of filing, pop-up warnings when attaching problematic documents, and a link to the Electronic Patent Assignment System (ePAS) which allows certain data fields in ePAS to be pre-populated using information from EFS-Web.
Document Descriptions
The Office again is stressing the importance of choosing the correct document description when filing using EFS-Web. One "quick hint" you can use while filing is clicking on the blue "i" information icon found near Document Descriptions, when attaching a document. A new window will open with a list of all available document descriptions. The official USPTO business process description for each document type is provided to help proper indexing of documents. A complete list of document descriptions can be found here. Additional help on how to index your documents can be found here.
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