Form PTO/SB/38 Request to Retrieve Electronic Priority Application(s) u

Patent Processing

PTOSB38

Request to Retrieve Electronic Priority Application (s) Under 37 CFR 1.55(h)

OMB: 0651-0031

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Doc Code: PD.REQ.RETR
Document Description: Request for USPTO to retrieve priority docs

PTO/SB/38 (02-20)
Approved for use through XX/XX/XXXX. 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.

Request to Retrieve Electronic
Priority Application(s)

COMPLETE IF KNOWN

Application Number
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:
A
Code for
Participating
Office (EP or
JP only)

B
Application containing the
non-participating priority application
App. No.

Filing Date

Access Code
(for JP only)

C
Non-participating priority application to be
retrieved
Country
App. No.
Code

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
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)

B
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 15 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 Administrative
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.

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. The United States Patent
and Trademark Office (USPTO) collects this information under authority of 5 CFR 339.205. The
information in this system of records is used to manage all records of applicant including name,
citizenship, residence, post office address and other information pertaining to the applicant's activities in
connection with the invention for which a patent is sought. Statements containing various kinds of
information with respect to inventors who are deceased or incapacitated, or who are unavailable or
unwilling to make application for patent. The information obtain is protected from disclosure to third
parties in accordance with the Privacy Act.
However, routine uses of this information may include disclosure to the following: to law enforcement
and investigation in the event that the system of records indicates a violation or potential violation of law;
to a Federal, state, local, or international agency, in response to its request; to an agency, organization, or
individual for the purpose of performing audit or oversight operations as authorized by law; to nonfederal personnel under contract to the agency; to a court for adjudication and litigation; to the
Department of Justice for Freedom of Information Act (FOIA) assistance; to members of congress
working on behalf of an individual; to the Office of Personnel Management (OPM) for personnel
research purposes; to National Archives and Records Administration for inspection of records; and to the
Office of Management and Budget (OMB)for legislative coordination and clearance. Failure to provide
any part of the requested information may result in an inability to process requests for access and
information. The applicable Privacy Act System of Records Notice for this information is COMMERCE/
PAT-TM-7 Patent Application Files, available at Federal Register /Vol. 78, No. 61 / Friday, March 29,
2013 /Notices 19243. https://www.govinfo.gov/content/pkg/FR-2013-03-29/pdf/2013-07341.pdf


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