News

Change in Electronic Retrieval Method for Priority Documents between USPTO & JPO

Warren M. Cheek

September 14, 2017

The USPTO has announced that electronic retrieval of priority documents between the USPTO and JPO will now be managed by the WIPO Digital Access Service (DAS) and will require a new retrieval method.

The new retrieval method will be effective for new patent applications filed on or after October 1, 2017, which applications are regular national section 111 US applications filed under the Paris Convention, and PCT “bypass” continuing applications. This new retrieval method does not apply to section 371 PCT national stage applications, or US design patent applications.

In such new applications, the applicant must provide the WIPO DAS access code associated with the priority application that is to be retrieved via the WIPO DAS service. The purpose of this requirement is to increase security of the retrieval. The applicant will still be required to identify the priority claim (country, application number and filing date).

For applications filed before October 1, 2017, the WIPO DAS access code is not required, but applicants are encouraged to begin voluntarily providing the access code.

Acknowledgement of receipt of the WIPO DAS access code will appear on the US application Official Filing Receipt. Specifically, the priority claim will indicate “Access code provided” or “No access code provided”.

A copy of the full USPTO Announcement is available at:

https://www.uspto.gov/patents-getting-started/international-protection/electronic-priority-document-exchange-pdx?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term

Additional information provided by the USPTO can be found at:

https://www.uspto.gov/sites/default/files/patents/process/file/pdx/dasfaqs.pdf