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”) of the World Intellectual Property Organization (hereinafter referred to as the “WIPO”) to obtain them through the WIPO Digital Access Service (hereinafter referred to as the “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 the DAS by the date when the PCT international application is published, and also by completing all the necessary procedures for using the 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 the 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 the DAS from the list of “WIPO DAS: Participating Offices” (WIPO website) (External link).

Priority documents provided by the JPO to DAS

• Priority documents concerning patent applications, utility model applications and industrial design applications filed with the JPO
  • * On January 1, 2020, the JPO starts Electronic Priority Document Exchange of Industrial Design Applications through the DAS.
  • * On April 1, 2025, the JPO, as a depositing office, starts to deposit certified copies of PCT international applications filed electronically to the JPO as the receiving Office (hereinafter referred to as the "RO/JP") as priority documents via DAS.
• Priority documents submitted to the JPO
  (Priority documents submitted to the JPO for patent applications or utility model applications filed with the JPO)
  • * Priority documents submitted to the JPO for industrial design applications are not provided to the DAS.
  • * Priority documents submitted for a PCT international application filed with the RO/JP(including those that have entered the national phase in Japan) are not provided to the DAS.

Second step: Requesting for Issuance of Access Code

Next, you need to acquire a code necessary for using the 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 the DAS” in the webpage, “Procedures of the 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 list of “WIPO DAS: Participating Offices” (WIPO website) (External link).

(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 request the IB to obtain a priority document(s) through the DAS by the date when the PCT international application is published as well as providing your access code.

1. When requesting simultaneously with international application

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)

As for an access code of a PCT international application filed electronically with the RO/JP on or after April 1, 2025, please note that it cannot be described in the request. Instead, you are required to notify the IB after the filing. For detailed procedures, please refer to the section bellow (2. When requesting after filing an international application).

2. When requesting after filing an international application

If an access code has not been issued at the time of filing of a PCT international application, or if an access code of a PCT international application filed electronically with the RO/JP on or after April 1, 2025, please do not check the box No.Ⅵ for request in "Furnishing the priority document" of the Request, and instead, give a notice to the IB by the international publication date by one of the following methods.

(a) Notify the IB of access code by ePCT "Action - Obtain priority document from DAS" (recommended)

ePCT "Action" is a service that allows you to prepare and submit documents to the IB by filling out an online form on ePCT. Notifying an access code by ePCT "Actions" requires pre-setting, but it can be completed by simply entering the access code in the designated online form and an error message will be displayed if the access code entered is incorrect, thus avoiding incorrect entry. In addition, the process is faster at the IB than methods (b) and (c) below.

For the outlines of the ePCT, please see the "ePCT Home (External link)"

For the details of "Action - Obtain priority document from DAS", please see the "ePCT User Guide FAQs (External link)".

(b) Notify the IB of access code by ePCT "Upload Documents"

ePCT "Upload Documents" is a service that allows you to submit documents to the IB by uploading pre-prepared documents in PDF format on ePCT. To notify an access code through this service, select "IB" as the "Recipient" and "General Correspondence" in the "Documents" category, and then upload a document with signature requesting to obtain a priority document through the DAS in PDF format (such document must include the international application number and the access code for the priority right, as well as a statement that you are requesting the IB to obtain a priority document. If the international application is in Japanese, Japanese is also acceptable. For English, please refer to the example of a letter in (c) below.). Please note that a WIPO user account must be obtained in advance to use this service.

For the outlines of the ePCT, please see the "ePCT Home (External link)"

When logging in to ePCT without strong authentication, please see the "ePCT User Guide FAQs (Upload Documents without Strong authentication) (External link)".

(c) Notify the IB of access code by Postal mail

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 of the letter to the IB (PDF: 201KB)

3. Other Information on DAS

• This article explains the procedures concerning the 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 the DAS and the information on the DAS procedures concerning the national Patent application, please see the “Electronic Priority Document Exchange”

[Last updated 11 March 2025]

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 the 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