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

Goldberg, Judi jgoldberg at leydig.com
Thu Jan 9 16:22:19 UTC 2025


Hi all,
I don’t know if this will be helpful, but a couple of months back, I had a problem with the PTO retrieving a copy of an EP Patent from DAS via PDX. (I got a whole lecture on how the USPTO uses PDX and we shouldn’t mix it up with DAS.  L).

Even checking in DAS, it showed the USPTO has successfully retrieved the document several times, but the file history on PatentCenter showed that the attempts had failed (and doesn’t match up with the retrieval dates on DAS).

[cid:image004.jpg at 01DB6280.47C5C180]

[cid:image006.jpg at 01DB6280.47C5C180]

Anyway, upshot is that I had entered the application number in the ADS to include the trailing decimal, which caused the problem in retrieving the EP patent.  The gentleman at the PTO directed me to the attached document, which includes the “Recommended Application Number Format” for the priority application to be listed on the ADS.  Since I do mostly national phase applications, including (or not including) the trailing decimal on an EP application number hadn’t come up before.

Anyway, this may have nothing to do with the problems you’re having retrieving the priority document from the JPO, but when you hear hoofbeats….

Best,
Judi

From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Carl Oppedahl via Patentpractice
Sent: Thursday, January 9, 2025 3:42 AM
To: patentpractice at oppedahl-lists.com
Cc: Carl Oppedahl <carl at oppedahl.com>
Subject: Re: [Patentpractice] Difficulty with Priority Document Retrieval b/w JPO & USPTO


[External Email]
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?

And while we are on the topic ...

I expect that for each of these Japanese priority documents, you had already set up "tracking" in DAS, right?  So now what you can do is click in DAS to look at the Retrieval History.  Here is an example of an actual Retrieval History:

[cid:image002.png at 01DB627C.EF950870]

In this particular Retrieval History, we see that JPO, EPO, and USPTO each did successfully retrieve their electronic certified copy in November or December of 2024.

So now to turn to your Retrieval History for each of your Japanese priority documents ... what does it say for the US?  Does it say that the retrieval succeeded?  Does it say that the retrieval failed?


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