[Patentpractice] venting - failure to download priority document from DAS

[Linda Zaveta]

It’s even more frustrating when they check the box on the OA or NOA saying it was received and it hasn’t been.  This happens a lot and when we check Patent Center, it isn’t there.  Then we have to try and get in touch with someone to request that they retrieve it.

Sincerely,
Linda
Linda Zaveta | Paralegal
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From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Erin Geraghty via Patentpractice
Sent: Thursday, May 16, 2024 10:05 AM
To: Dan Feigelson <djf at iliplaw.com>; For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>
Cc: Erin Geraghty <ErinG at browdyneimark.com>
Subject: Re: [Patentpractice] venting - failure to download priority document from DAS

I agree this is incredibly frustrating!  Especially as they do not notify you when they have successfully obtained it via DAS except by checking a box on an OA or NOA.  It is even more troubling when for some reason they run into an issue and do not let you know they have encountered an issue.

Also, when they have not properly downloaded it, the responsible parties at the PTO are less than helpful when trying to figure out what happened.

Regards,
Erin D. Geraghty
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From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Dan Feigelson via Patentpractice
Sent: Thursday, May 16, 2024 8:22 AM
To: For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>
Cc: Dan Feigelson <djf at iliplaw.com>
Subject: [Patentpractice] venting - failure to download priority document from DAS


Filed an application that claims priority only from a non-US application. Foreign priority app is in DAS (I checked with WIPO). Provided the USPTO with the foreign application no. and the DAS retrieval code on an ADS at the time of filing. Got the filing receipt, and it acknowledges the foreign priority claim and that the DAS code was provided, and says that the USPTO "will attempt to electronically retrieve" the priority doc. But of course, the p.d. isn't yet in the electronic file.

That the PTO waits to retrieve the p.d. is not news, Carl and others have written about it. But it still bugs me: how hard would it be for the PTO to retrieve the document NOW instead of waiting?

Dan


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