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

Doc Code: PD.REQ.RETR

PTO/SB/38 (07-09)
Approved for use through 07/31/2012. 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.
COMPLETE IF KNOWN

Request to Retrieve Electronic
Priority Application(s)

Application Number
Filing Date
First Named Inventor
Art Unit

Send completed form to: Commissioner for Patents
P.O. Box 1450, Alexandria, VA 22313-1450

Examiner Name
Attorney Docket Number

The undersigned hereby requests 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:
Please retrieve (check all that apply)
From EPO, JPO, or KIPO (participating foreign intellectual property office) a priority application
Column A. Participating office where application was originally filed
Column B. Application number and filing date of the application
From WIPO (participating foreign intellectual property office) a DAS registered priority application
Column A. DAS Depositing Office where application was originally filed
Column B. Application number and filing date of the application
Copy of certified copy of non-participating office priority document from within a participating foreign intellectual property
office application (EPO or JPO)
Column A. Participating office where certified copy of priority document is located
Column B. Application number and filing date of the EPO/JPO application
Column C. Two letter country code and application number of the non-EPO/JPO priority document
A
Participating Office
(e.g., EPO, JPO, KIPO)
or DAS Depositing Office
(e.g., IB)

B
Application to be retrieved
or application containing the
non-participating priority application
App. No.
Filing Date

C
Non-participating priority application to be
retrieved
Country Code

App. No.

1
2
3
4
5
6
This Request to Retrieve Electronic Priority Application(s) (Request) should be filed within the later of four months from the date of filing
of the above-identified U.S. application claiming foreign priority, or sixteen months from the filing date of the foreign application to which
priority is claimed.
This Request should be submitted concurrently with the claim for priority, or thereafter. The USPTO will not attempt to retrieve the
identified priority application(s) until applicant indicates the identified priority application(s) on the oath or declaration or an application
data sheet in compliance with 37 CFR 1.63(c).
Applicants are advised to consult Private PAIR (accessed through www.uspto.gov) to assure that the retrieval has been successful. The
applicant remains ultimately responsible for the submission of the certified copy of the foreign application(s) within the period set forth in
37 CFR 1.55(a) (before the U.S. application issues as a patent) if the USPTO does not timely retrieve the identified priority application(s).
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.

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.