| Electronic Filing and Submission |
Referenced Items (355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378) |
(370) Change in the Electronic Retrieval Method for Priority Documents
between the United States Patent and Trademark Office and
the Korean Intellectual Property Office
Effective December 1, 2018, electronic retrievals of priority documents
between the United States Patent and Trademark Office (USPTO) and the
Korean Intellectual Property Office (KIPO) 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 foreign
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 U.S. applications filed on or after December 1, 2018, in addition to
the foreign priority claim (including the country (two letter code KR),
application number and filing date), the applicant must provide the WIPO
DAS access code associated with the KR 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 U.S. applications filed prior to December 1, 2018, the WIPO DAS
access code will not be required; however, applicants are encouraged to
begin voluntarily providing the WIPO DAS access code for KR priority
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 December 1, 2018. 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 December 1, 2018.
Specifically, the foreign priority claim to an application filed with
the KIPO 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 deposits via the WIPO DAS
certified copies of U.S. national patent applications, including U.S.
design applications, and, does not deposit international applications filed
under the Patent Cooperation Treaty with the USPTO as receiving office
(RO/US). Similarly, the KIPO deposits via the WIPO DAS certified copies of
patent, utility model and industrial design applications as priority
documents. Therefore, the priority claim and the WIPO DAS access code must
be furnished for each KIPO application that the applicant wishes the USPTO
to attempt retrieval via the WIPO DAS. The scope of priority documents that
are deposited by the participating offices 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.
Further information on priority document exchange via the WIPO DAS
service is available at: https://www.uspto.gov/patents-getting-started/
international-protection/electronic-priority-document-exchange-pdx.
Questions about this announcement may be directed to Nelson Yang, Acting
Director, Office of International Business Solutions, 571-272-0826, 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.
[1457 OG 132]
Top of Notices (370) December 26, 2023