Text size
S
M
L

Home> Systems/Procedures> Patents> PCT International Applications> Receiving Office (international phase)> Exemption from Submission of Priority Documents through the Digital Access Service (DAS) for PCT International Applications

Main content starts here.

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

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.
    • * Priority documents concerning PCT international applications (including those that have entered into the national phase in Japan) and priority documents concerning applications for international design registration are not provided to the 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 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 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 make a 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.

2. When requesting after international application

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,
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/JP20XX/087654] using the WIPO Digital Access Service.

  • (1)20XX-888888 (access code:AB55)
  • (2)20XX-999999 (access code:C123)
  • (3)20XX-000000 (access code:A0B4)

*(Referring to the above item(3), the communication to add/correct the priority claim has been submitted to JPO on dd.mm.20XX.) 

Very truly yours,
Signature
Name
(Signatory Capacity)

  • Note1: If an application of the communication to add/correct the priority claim ((3) in the above example) is included to the receiving office, please describe as above *.
  • Note2: When a legal entity who is an applicant makes the procedure, please type the name and title of the person who signs. Please note that the person who can sign is the person who has the authorization to sign on behalf of the corporation.
  • Note3: When a patent professional corporation which is an agent makes the procedure, please type the name and title of the person (patent attorney, lawyer, etc.) who signs and the name of the patent professional corporation. Please note that the person who can sign is a patent attorney or a lawyer who belongs to the patent professional corporation.

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 26 December 2019]

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