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

What Is Form PTO/SB/38?

This is a legal form that was released by the U.S. Department of Commerce - Patent and Trademark Office on February 1, 2020 and used country-wide. As of today, no separate filing guidelines for the form are provided by the issuing department.

FAQ

Q: What is Form PTO/SB/38?
A: Form PTO/SB/38 is a request form used to retrieve electronic priority applications.

Q: What is an electronic priority application?
A: An electronic priority application is an application filed in a foreign country that is used as the basis for claiming priority for a US patent application.

Q: When do I need to use Form PTO/SB/38?
A: You need to use Form PTO/SB/38 when you want to retrieve electronic priority applications to support your US patent application.

Q: What information is required on Form PTO/SB/38?
A: Form PTO/SB/38 requires information such as the application number, filing date, and country of the electronic priority application that you want to retrieve.

Q: How long does it take to process a request made with Form PTO/SB/38?
A: The processing time for a request made with Form PTO/SB/38 can vary, but it typically takes several weeks.

Q: Can I submit Form PTO/SB/38 electronically?
A: Yes, you can submit Form PTO/SB/38 electronically through the USPTO's Electronic Filing System (EFS-Web).

Q: Are there any restrictions on using Form PTO/SB/38?
A: Yes, there are some restrictions on using Form PTO/SB/38. It cannot be used to retrieve provisional applications, reissue applications, or certain international applications.

Q: Can I request multiple electronic priority applications with one Form PTO/SB/38?
A: Yes, you can request multiple electronic priority applications with one Form PTO/SB/38 by providing the necessary information for each application.