Form Pto/sb/38 - Request To Retrieve Electronic Priority Application(S)

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Doc Code: PD.REQ.RETR

PTO/SB/38 (10-17)

Approved for use through 10/31/2017. OMB 0651-0031

Document Description: Request for USPTO to retrieve priority docs

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

COMPLETE IF KNOWN

Request to Retrieve Electronic

Application Number

Priority Application(s)

Filing Date

First Named Inventor

Art Unit

Examiner Name

Send completed form to: Commissioner for Patents

P.O. Box 1450, Alexandria, VA 22313-1450

Attorney Docket Number

Pursuant to 37 CFR 1.55(i), the undersigned hereby requests that the USPTO retrieve an electronic copy of each of the following foreign

applications for which priority has been claimed under 35 U.S.C. 119(a)-(d) from a foreign intellectual property office participating with

the USPTO in a bilateral or multilateral priority document exchange agreement. This Request must be submitted:

- within the later of sixteen months from the filing date of the prior foreign application or four months from the actual filing date of

an application under 35 U.S.C. 111(a),

- within four months from the later of the date of commencement (37 CFR 1.491(a)) or the date of the initial submission under 35

U.S.C. 371 of an application entering the national stage under 35 U.S.C. 371, or

- with a petition under 37 CFR 1.55(e) or (f).

OPTION A

Please retrieve the priority application identified in Column C, a certified copy of which is contained in the EP or JP

application identified in Columns A and B:

Code for

Application containing the

Non-participating priority application to be

Participating

non-participating priority application

retrieved

Office (EP or

App. No.

Filing Date

Access Code

Country

App. No.

JP only)

(for JP only)

Code

OPTION B

This Request may be used for the infrequent circumstance when a claim for priority to an application filed in a participating

foreign intellectual property office was made prior to that foreign intellectual property office becoming a participating foreign

intellectual property office.

Please retrieve the priority application identified in Columns A and B:

Code for Participating Office

Application to be retrieved

(e.g., EP, KR, CN)

App. No.

Filing Date

Access Code

or WIPO DAS Depositing Office (e.g., AU,

(for WIPO DAS

DK, EE, ES, FI, GB, IB, JP, MA, NZ, SE)

Depositing Office)

The USPTO will not attempt to retrieve the identified priority application(s) unless an identical claim for foreign priority to the application

identified above is made pursuant to 37 CFR 1.55(d) or a petition is granted under 37 CFR 1.55(e) or (f). Applicants are advised to

consult Private PAIR (accessed through ) to assure that the retrieval has been successful. The applicant bears the

ultimate responsibility for ensuring that a copy of the foreign application is received by the Office from the participating foreign

intellectual property office, or a certified copy of the foreign priority application is filed, within the time period set forth in 37 CFR

1.55(g)(1).

I hereby declare that I have the authority to grant access to the above-identified foreign application(s).

_________________________________________________________________

______________________________________

Signature

Date

_________________________________________________________________

______________________________________

Printed or Typed Name

Telephone Number

_________________________________________________________________

______________________________________

Title

Registration Number, if applicable

This collection of information is required by 37 CFR 1.55(d). The information is required to obtain or retain a benefit by the public which is to file (and by the

USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 8 minutes to

complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any

comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer,

U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED

FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.