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

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

PTO/SB/38 (04-22)
Approved for use through 05/31/2024. 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 Priority Application(s)
Filed with Nonparticipating Office(s)
That is Available in a Participating Office
(37 CFR 1.55(i)(4))
If filing by mail, send completed form to: Commissioner
for Patents, P.O. Box 1450, Alexandria, VA 22313-1450

COMPLETE IF KNOWN

Application Number
Filing Date
First Named Inventor
Art Unit
Examiner Name
Attorney Docket Number

Pursuant to 37 CFR 1.55(i)(4), the undersigned hereby requests that the USPTO retrieve a copy of the
following foreign priority application(s) that was not filed in a foreign intellectual property office participating
with the USPTO in a priority document exchange agreement (“Participating Office”) but was submitted in an
application subsequently filed with a Participating Office that permits the USPTO to retrieve such copy. This
Request must be submitted:
- within the later of sixteen months from the filing date of the foreign priority 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).
Please retrieve the foreign priority application identified in Column C, a copy of which is contained in the
EP or JP application identified in Columns A and B:

1
2
3

A
Code for
participating
office (EP or
JP only)

B
Subsequently filed application containing the
foreign priority application
Application number
Filing date
WIPO DAS
access code

C
Foreign priority application to
be retrieved
Office
Application number
code

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

A Federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with
an information collection subject to the requirements of the Paperwork Reduction Act of 1995, unless the information collection has a currently valid OMB
Control Number. The OMB Control Number for this information collection is 0651-0031. Public burden for this form is estimated to average 8 minutes per
response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the information collection. Send comments regarding this burden estimate or any other aspect of this information collection, including suggestions
for reducing this burden to the Chief Administrative Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450 or email
[email protected]. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. If filing the completed form by mail, 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 withyour 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