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Priority Application(s) (USPTO)

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PTO/SB/38 (02-20)
Approved for use through 11/30/2020. OMB 0651-0031
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.
Application Number
Filing Date
First Named Inventor
Art Unit
Examiner Name
Attorney Docket Number
Request to Retrieve Electronic
Priority Application(s)
Send completed form to: Commissioner for Patents
P.O. Box 1450, Alexandria, VA 22313-1450
Doc Code: PD.REQ.RETR
Document Description: Request for USPTO to retrieve priority docs
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 o
f
a
n 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:
A
B
C
Code for
Participating
Office (EP or
JP only)
Application containing the
non-participating priority application
Non-participating priority application to be
retrieved
App. No. Filing Date
Access Code
(for JP only)
Country
Code
App. No.
1
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:
A
B
Code for Participating Office (e.g., EP)
or WIPO DAS Depositing Office (e.g.,
AU, BR, CN, DK, EA, EE, ES, FI, GB,
IB, IN, JP, KR, MA, NL, NZ, SE)
Application to be retrieved
App. No. Filing Date
Access Code
(for WIPO DAS
Depositing Office)
1
2
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 www.uspto.gov) 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.
I
f you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with
your submission of the attached form related to a patent application or patent. Accordingly, pursuant to
the requirements of the Act, please be advised that: (1) the general authority for the collection of this
information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the
principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process
and/or examine your submission related to a patent application or patent. If you do not furnish the
requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine
your submission, which may result in termination of proceedings or abandonment of the application or
expiration of the patent.
The information provided by you in this form will be subject to the following routine uses:
1. The information on this form will be treated confidentially to the extent allowed under the
Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a). Records from
this system of records may be disclosed to the Department of Justice to determine whether the
Freedom of Information Act requires disclosure of these records.
2. A record from this system of records may be disclosed, as a routine use, in the course of
presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to
opposing counsel in the course of settlement negotiations.
3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress
submitting a request involving an individual, to whom the record pertains, when the individual
has requested assistance from the Member with respect to the subject matter of the record.
4. A record in this system of records may be disclosed, as a routine use, to a contractor of the
Agency having need for the information in order to perform a contract. Recipients of information
shall be required to comply with the requirements of the Privacy Act of 1974, as amended,
pursuant to 5 U.S.C. 552a(m).
5. A record related to an International Application filed under the Patent Cooperation Treaty in this
system of records may be disclosed, as a routine use, to the International Bureau of the World
Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
6. A record in this system of records may be disclosed, as a routine use, to another federal agency
for purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic
Energy Act (42 U.S.C. 218(c)).
7. A record from this system of records may be disclosed, as a routine use, to the Administrator,
General Services, or his/her designee, during an inspection of records conducted by GSA as part
of that agency's responsibility to recommend improvements in records management practices and
programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in
accordance with the GSA regulations governing inspection of records for this purpose, and any
other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not be used to make
determinations about individuals.
8. A record from this system of records may be disclosed, as a routine use, to the public after either
publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35
U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a
routine use, to the public if the record was filed in an application which became abandoned or in
which the proceedings were terminated and which application is referenced by either a published
application, an application open to public inspections or an issued patent.
9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or
local law enforcement agency, if the USPTO becomes aware of a violation or potential violation
of law or regulation.
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Completed 17 July 2021

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