| PAIR, EFS-Web, Electronic Submission |
Referenced Items (335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357) |
(348) Change in the Electronic Retrieval Method for
Priority Documents between the United States Patent and
Trademark Office and the Japan Patent Office
Effective October 1, 2017, electronic retrievals of priority documents
between the United States Patent and Trademark Office (USPTO) and the Japan
Patent Office (JPO) will be managed via the World Intellectual Property
Organization (WIPO) Digital Access Service (DAS), in accordance with the
WIPO DAS agreement established on April 20, 2009.
The certified copy requirement is considered satisfied when a priority
document is retrieved electronically via the WIPO DAS service during
pendency of the U.S. application. There is no fee for this service and
participation for a particular application is voluntary.
For applications filed on or after October 1, 2017, in addition to the
priority claim (including the country, application number and filing date),
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
WIPO DAS access code increases security as a third validation point for
each application along with the application number and filing date.
For applications filed prior to October 1, 2017, the WIPO DAS access
code will not be required; however, applicants are encouraged to begin
voluntarily providing the WIPO DAS access code for JP applications
immediately. This practice will prepare the applicant for the switch to
WIPO DAS. Also, having the WIPO DAS access code should reduce potential
delays that may occur if electronic retrieval is attempted by the USPTO on
or after October 1, 2017. The Foreign Priority Information Section of the
Application Data Sheet (ADS) includes an Access Code field for this
purpose.
Acknowledgement of the WIPO DAS access code will begin appearing on the
U.S. application filing receipts processed on October 1, 2017.
Specifically, the priority claim to an application filed with the JPO will
include either "Access code provided" or "No access code provided," as
appropriate. Applicants are encouraged to review the U.S. application
filing receipt to verify acknowledgement by the USPTO.
At the time of this notice, the USPTO and the JPO do not deposit design
applications or international applications filed under the Patent
Cooperation Treaty. The scope of priority documents that are deposited by
the participating office can be found at the WIPO DAS site
(http://www.wipo.int/das/en/participating_offices.html).
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 Don Levin,
Director, Office of International Business Solutions, 571-272-3785, or
Tamara Graysay, Special Program Examiner, International Patent Legal
Administration, 571-272-6728. Comments may be directed to the Priority
Document electronic mailbox at pdx@uspto.gov. Electronic mailbox inquiries
are returned within one business day.
[1442 OG 231]
Top of Notices (348) December 25, 2018