USPTO Patent Alert dated September 11, 2017

Changes to the Electronic Priority Document Exchange

Program between the USPTO and JPO

NOTE: This does not apply to U.S. National Phase

applications or Design applications

Effective Oct. 1, 2017, electronic retrievals of priority documents (PDX) between the USPTO and the Japan Patent Office (JPO) will be managed via the World Intellectual Property Organization (WIPO) Digital Access Service (DAS). For applications filed on or after Oct. 1, 2017, the Applicant must provide the WIPO DAS Code associated with the priority application.

Learn more on the Electronic Priority Document Exchange Program web page.

What does this mean?

For any application (does not include U.S. National Phase applications or Design applications) filed on or after October 1, 2017, and claiming priority to a Japanese application, the DAS Code must be submitted to the USPTO.

The USPTO has recommended that Applicant start providing the DAS Code immediately. Please begin to provide the DAS Code along with your instruction letters to BSKB. If received prior to filing the application, we will include the DAS Code on the ADS form. If the DAS Code is provided at a later date an additional cost may be incurred.

The deadline for providing the DAS Code is within the later of four (4) months from the actual filing date of the U.S. application or sixteen (16) months from the filing date of the earliest prior foreign (JP) application. If the DAS Code cannot be provided by this deadline, Applicant may alternatively provide the certified copy(ies) of the JP priority document(s) or an interim copy of the JP priority application.

Download a PDF of the announcement here.