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This form is used to request the U.S. Patent and Trademark Office (USPTO) to retrieve electronic copies of foreign applications for which priority has been claimed under U.S. patent law. It includes
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How to fill out suspto form
How to fill out PTO/SB/38
01
Obtain the PTO/SB/38 form from the USPTO website or your local office.
02
Fill out the applicant's name and address in the designated sections.
03
Indicate the relevant application number or subject matter as it pertains to your submission.
04
Provide a detailed description of the specific request or action you are taking with this form.
05
Sign and date the form at the bottom to validate your submission.
06
Review all filled information for accuracy and completeness.
07
Submit the form electronically or by mail according to USPTO guidelines.
Who needs PTO/SB/38?
01
Inventors or applicants who are seeking to make a request or change concerning their patent application.
02
Individuals or entities filing a patent application who need to submit specific information or documentation.
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People Also Ask about
What is a certified priority document?
Certified copies ordinarily consist of a copy of the specification and drawings of the applications as filed with a certificate of the foreign patent office giving certain information. Certified copies include those retrieved by the Office in ance with a priority document exchange program.
How to correct priority claim USPTO?
The applicant may correct or add a priority claim by a notice submitted to the Receiving Office or the International Bureau (IB) within 16 months from the priority date, or where the priority date is changed, within 16 months from the priority date so changed, whichever period expires first, provided that a notice
What is the digital access service for priority documents?
The Digital Access Service (DAS) is an electronic system that allows participating intellectual property offices to exchange priority documents securely. For international design applications: Applicants can authorize the retrieval of priority documents through DAS.
What is PDX service?
Parcel Data Exchange (PDX) is accessed via the web and Application Programming Interface (API) to allow customers to send manifest files and receive outbound files from the United States Postal Service® (USPS®).
What is the DAS code for PDX?
The DAS (Digital Access Service) code for PDX (Priority Document Exchange) is US. This code is used when participating in the WIPO DAS system for electronic exchange of priority documents. As stated in the MPEP 215.01: The DAS code for the USPTO is 'US'.
Can you claim priority to an abandoned foreign application?
35 U.S.C. 119(c) extends the right of priority to “subsequent” foreign applications if one earlier filed had been withdrawn, abandoned, or otherwise disposed of, under certain conditions.
How do I find a DAS code?
The DAS code will be provided by the Office of First Filing itself if the earlier application was filed with CN, EM, EP, FI, JP, KR, NZ or US. For EP and US applications, the access code will be indicated on/provided together with the electronic acknowledgment receipt of the earlier application.
What is a certified priority document?
Certified copies ordinarily consist of a copy of the specification and drawings of the applications as filed with a certificate of the foreign patent office giving certain information. Certified copies include those retrieved by the Office in ance with a priority document exchange program.
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What is PTO/SB/38?
PTO/SB/38 is a form used by the United States Patent and Trademark Office (USPTO) for submitting a statement regarding the small entity status of an applicant or their status in a patent application process.
Who is required to file PTO/SB/38?
Applicants who wish to claim small entity status for patent fees are required to file PTO/SB/38.
How to fill out PTO/SB/38?
To fill out PTO/SB/38, provide the required information including applicant details, patent application number, and check the appropriate box to indicate the entity status (small entity, micro entity, etc.).
What is the purpose of PTO/SB/38?
The purpose of PTO/SB/38 is to officially declare and request the small entity status for fee reductions associated with patent filings and processes.
What information must be reported on PTO/SB/38?
The information that must be reported includes the applicant's name, address, the application number, the type of entity status being claimed, and any relevant qualifications to support the small entity status claim.
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