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Home > Obtaining IP Rights > International Applications > PCT International Applications > Receiving Office (international phase) > Exemption from Submission of Priority Documents through the Digital Access Service (DAS) for PCT International Applications

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Exemption from Submission of Priority Documents through the Digital Access Service (DAS) for PCT International Applications

In cases where you file an international application under the Patent Cooperation Treaty (PCT) (hereinafter referred to as “PCT international application”) claiming priority, you can omit the submission of priority documents by requesting the International Bureau (hereinafter referred to as the “IB”) to obtain them through the WIPO Digital Access Service (hereinafter referred to as “DAS”).

1. Outlines

According to the provision of the PCT Rule 17.1 (b-bis), the applicant may be exempt from submission of priority documents by making a request to the effect that the IB should obtain priority documents through DAS by the date when the PCT international application is published, and also by completing all the necessary procedures for using DAS by the said time limit. For the specific procedures, please see the followings.

2. Procedures

According to the following procedures, (1) make preparations in advance and (2) request the IB to obtain priority documents through DAS.

(1) Preparations in Advance

First step: Confirming the availability of priority documents through DAS

Please confirm whether or not the IP office which has a priority document(s) you will request IB to obtain participates in DAS from the list of “Participating Offices” on WIPO’s website (link to the external site).

Priority documents provided by the JPO to DAS
- Patent applications and applications for utility model registration filed with the JPO
*Documents concerning PCT international applications (including those that have entered into the national phase in Japan) are not provided to DAS.

- Priority documents submitted to the JPO
(Priority documents submitted to the JPO for patent applications or applications for utility model registration filed with the JPO) *Priority documents of a PCT international application filed with the JPO as the receiving Office (including those that have entered into the national phase in Japan) are not provided to DAS.

Second step: Requesting for Issuance of Access Code

Next, you need to acquire a code necessary for using DAS (hereinafter referred to as “access code”). The procedures for requesting this access code shall be taken at an IP office that will provide priority documents.

For the procedures to request the issuance of access codes at the JPO, please see “1. Acquisition of Access Code for Use of DAS” in the webpage, “Procedures for Use of DAS with the JPO as the Office of First Filing.

In order to find out about how to request an access code at a foreign IP office, please refer to the website of each office via the WIPO International Bureau website (link to the external site).

(2) Procedures for Requesting the IB to Obtain Priority Documents through DAS

Once an access code is issued, please give the IB a notice to the effect that you will make a request the IB to obtain a priority document(s) through DAS by the date when the PCT international application is published as well as providing your access code.

Please check the boxes for this request, which are in “Furnishing the priority document” under Box No. VI of the request form of a PCT international application, and describe the access code for each priority right (Examples of the form of the Request (PDF: 180KB).

If an access code has not been issued at the time of filing a PCT international application, please do not check the box for request in“Furnishing the priority document” of the Request, and instead, send a letter to the IB by the international publication date.

The letter shall be written in English with the international application number and the access code for each priority right. It shall also include a statement to the effect that the applicant would request the IB to obtain priority documents.

[Example]

Date :   .   .   .

International Bureau of WIPO
34, Chemin des Colombettes,
P.O. Box 18, 1211, Geneva 20
Switzerland

Request for retrieving priority documents using the WIPO Digital Access Service

Dear Sir/Madam
The International Bureau is requested to retrieve the following priority documents for the international application [PCT/JP2015/087654] using the WIPO Digital Access Service.
(1) 2014-012345 (access code:AB55)
(2) 2014-250000 (access code:C123)
(3) 2015-012345 (access code:A0B4)

Very truly yours,

Signature
Name

The procedures are completed here.

3. Other Information on DAS

- This article explains the procedures concerning DAS according to the PCT Rule 17.1 (b-bis) for those who intend to file a PCT international application claiming priority. For the outlines of DAS and the information on DAS procedures concerning the national Patent application, please see the “Omission of Submission of Priority Documents.”

[Updated 4 April 2018]

Contact

Submission of Priority Documents in the Procedures for PCT International Application
Receiving Office, Office for International Applications under the Patent Cooperation Treaty (PCT), Application Division, Trademark and Customers Relations Department, Japan Patent Office

TEL: +81 3 3581 1101 Ext. 2643

 

Procedures for Request of Issuance of DAS Access Code

Coordination Group, Customer Relations Policy Division, Trademark and Customer Relations Department

TEL: +81 3 3581 1101 Ext. 2618

 

Digital Access Service (DAS)

Information Technology Policy Planning Office

TEL: +81 3 3581 1101 Ext. 2505