[Patentpractice] Difficulty with Priority Document Retrieval b/w JPO & USPTO

Carl Oppedahl carl at oppedahl.com
Thu Jan 9 09:47:35 UTC 2025


On 1/9/2025 1:37 AM, Pamela Brisky (Fujitsu) via Patentpractice wrote:
> Hi
>
> We have had several instances where the USPTO has been "unable" to 
> complete electronic retrieval of priority documents from the Japanese 
> Patent Office.  The USPTO states that they are receiving a message 
> when attempting the retrieval that says "no PDF file." After three 
> tries, they stop and don't make any further attempts.
>
> I've never encountered this issue before the last month or so and I 
> suspect the issue is on the USPTO end.
>
> Has anyone else had this happen to them? If so, what country?

Just to help to define the full picture of the USPTO situation ...   In 
each of the instances that you are describing:

  * do you have "tracking" set up in DAS for the Japanese priority document?
  * do you have a Certificate of Availability for the Japanese priority
    document?
      o attached is a real DAS cert for a non-US priority document. In
        it, you can see several things of interest.  You can see that it
        lists "US" among the list of Offices that can retrieve the
        electronic certified copy using the DAS access code.  You can
        see that it says the retrieval has been possible since October
        11, 2013.
      o in the CofA for each of your Japanese priority documents, does
        it explicitly list "US" as one of the Offices that are certified
        as being able to retrieve?
      o in the CofA for each of your Japanese priority documents, what
        date does it recite as the "date of availability"?
      o for each of your Japanese priority documents, does the date upon
        which the USPTO claims it was unable to retrieve fall before or
        after the "date of availability"?


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