| PAIR, EFS-Web, Electronic Submission |
Referenced Items (312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332) |
(324) Change in the Electronic Retrieval Method for
Priority Documents between the United States Patent and
Trademark Office and the State Intellectual Property Office of the
People's Republic of China
Prior to October 8, 2014, electronic retrievals of priority documents
between the United States Patent and Trademark Office (USPTO) and the State
Intellectual Property Office of the People's Republic of China (SIPO) were
managed through an intermediary, the World Intellectual Property Office
(WIPO) Digital Access Service (DAS), through the WIPO DAS agreement
established in April 20, 2009.
On October 8, 2014, the USPTO and the SIPO implemented direct electronic
exchange of priority documents. The more direct connectivity benefits both
the SIPO and the USPTO by reducing administrative costs, and benefits
applicants both by reducing the cost of ordering copies of priority
documents and by providing priority documents to the Office of Second
Filing in a more timely manner.
There is no fee for this service. Now that the direct electronic
exchange program has been implemented, the USPTO no longer requires an
Access Code and no longer uses the WIPO DAS to retrieve electronic priority
documents from the SIPO. Also, design applications and international
applications filed under the Patent Cooperation Treaty are not available
through direct electronic exchange as of October 8, 2014.
Factors to consider during the change in the electronic retrieval method:
For U.S. applications filed:
* before June 1, 2012, which claim priority to an application(s) filed
in the SIPO, applicants are required to furnish a form PTO/SB/38 to request
retrieval under the direct electronic exchange.
* on or after June 1, 2012, and before March 18, 2013, which claim
priority to an application(s) filed in the SIPO, and for which retrieval is
set, but retrieval did not occur prior to the October 8, 2014 start date,
the USPTO will take steps to identify the SIPO applications and request
direct electronic exchange.
* on or after March 18, 2013, and before the October 8, 2014 start date,
which claim priority to an application(s) filed in the SIPO, and for which
an Access Code has been provided and retrieval is set but did not occur
prior to the October 8, 2014 start date, the USPTO will take steps to
identify the SIPO applications and request direct electronic exchange.
* on or after March 18, 2013, and before the October 8, 2014 start date,
which claim priority to an application(s) filed in the SIPO, and for which
no Access Code has been provided (information necessary for retrieval not
provided) and retrieval is not set due to the missing Access Code,
applicants are required to furnish a form PTO/SB/38 to request retrieval
under the direct electronic exchange to reinitiate a priority document
request if the certified copy requirement has not been satisfied.
Applicants are advised that they continue to bear the ultimate
responsibility for ensuring that the priority document is filed by the time
limit set forth in 37 CFR 1.55.
Questions about this announcement may be directed to Tamara Graysay,
Special Program Examiner, International Patent Legal Administration,
571-272-6728, or to Don Levin, Director, Office of International Business
Solutions, 571-272-3785.
Comments may be directed to the Priority Document electronic mailbox at
pdx@uspto.gov. Electronic mailbox inquiries are returned within one
business day.
[1408 OG 51]
Top of Notices (324) December 29, 2015