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

[Pamela Brisky (Fujitsu)]

Hi Carl –

Yes to all.

I do have tracking (WIPO Portal).  I do have certificates of availability, each explicitly state “US.”  The listed dates of availability are each a day after the priority filing date.  The dates of availability are more than a year earlier from the attempted access date.  In each instance WIPO states that the file retrievals were “delivered” to the one or more patent offices with corresponding filings.

It is very strange.

Pam


From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Carl Oppedahl via Patentpractice
Sent: Thursday, January 9, 2025 6:48 PM
To: patentpractice at oppedahl-lists.com
Cc: Carl Oppedahl <carl at oppedahl.com>
Subject: [Patentpractice] Difficulty with Priority Document Retrieval b/w JPO & USPTO

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?
     *   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.
     *   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?
     *   in the CofA for each of your Japanese priority documents, what date does it recite as the "date of availability"?
     *   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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