Electronic Exchange of Priority Document Data with the United States Patent and Trademark Office (USPTO)

For information about Priority Document Exchange via DAS

• Procedures for Use of DAS at the JPO as the Office of Second Filing
• Procedures of DAS with the JPO as the Office of First Filing

The USPTO as the Office of First Filing provides an access code

The USPTO as the Office of First Filing provides an access code as a 4-digit Confirmation Number printed at the right upper corner of Filing Receipt. The filing receipt in your application is viewable in Private Patent Application Information Retrieval (PAIR) (External link) operated by the USPTO.

Priority Documents subject to Electronic Exchange

Among priority documents of applications filed with the United States, based on which priority is claimed for applications filed with the JPO, either (1) or (2) cases below is subject to electronic exchange.

• (1) When the application filed with the United States has already been publicized
• (2) When an authorization to permit electronic exchange has been submitted to the USPTO

Notes

If the applications filed with the United States don’t fall under the above cases, an applicant is required to take the procedures to grant the USPTO authority to exchange the priority document data with other IP Offices.

Please be reminded that priority document data cannot be obtained electronically via the USPTO without this procedure, unless the application has already been publicized. In this case, it is required to obtain and submit priority documents on paper. Moreover, the claim of priority expires in cases where they are not submitted within one year and four months from the earliest priority date.

For more information

• Electronic Priority Document Exchange (PDX) Program (USPTO website) (External link)

How to take advantage of Priority Document Exchange with the USPTO

(1) Claim Priority in JP Application

See “Procedures for Use of DAS at the JPO as the Office of Second Filing”.

(2) Authorize the USPTO to Permit Access

• * The following descriptions are just for the purpose of convenience and the JPO does not guarantee their accuracy or validity.

An applicant claiming priority based on an unpublished US application and wishing to take advantage of electronic priority document exchange must authorize the USPTO to permit another IP office to access to the US priority application.

To provide the USPTO with authorization, the applicant must whether:

1. file an Application Data Sheet (ADS) (PTO/AIA/14) (PDF,External link) that grants the USPTO authority to permit access with the filing of the patent application; or
2. file an authorization form (PTO/SB/39) (PDF,External link) after the filing of the application.

The period for submitting the priority certificate of Industrial Design applications is three months from the date of filing the Industrial Design application. Please use the electronic exchange of priority documents after confirming that the above procedures are in place.

If you check the box/boxes of the item 2, you will not be able to exchange priority documents electronically. If you wish to grant permission to the USPTO after filing an application with the box/boxes checked, you are required to submit SB39.

(3) Information: Notice from the JPO on Priority Document Submission Deadline (For Patent Application and Utility Model Application only)

1. Notice Being Made A Year and Two Months After Priority Date

In July 2007, the JPO started to notify every applicant who has not submitted a priority document on paper or electronically a year and two months after the priority date (This Notice is just a SERVICE, not based on legal grounds.).

If you receive a notice, check the status of your US application with the USPTO and inform the JPO of it in a written statement, together with the copy of receipt if you submitted ADS, or together with the copy of the authorization form (PTO/SB/39) if you submitted it for electronic exchange. Alternatively, please submit priority documents in paper form within one year and four months.

2. Notice Being Made A Year and Four Months After Priority Date (Notice of non-submission of priority certificate)

In principle, the JPO will notify every applicant, who has not submitted a priority document on paper or electronically a year and four months after the priority date, of Notice of non-submission of priority certificate based on the Patent Act Article 43(6).

In this case, the priority document can be submitted only within two months from the date of shipment of Notice of non-submission of priority certificate.

If you are receiving this notice despite being based on an application to the USPTO and submitting the authorization form (PTO/SB/39) for electronic exchange to the USPTO, please check with the USPTO directly on the status of the notice. After that, if you wish to continue electronic exchange, please submit, to the JPO, the result of confirmation made to USPTO by petition. Alternatively, submit a priority document in paper form to the JPO.

[Last updated 1 July 2020]

Contact

Digital Access Service (DAS) Information Technology Policy Planning Office TEL: +81 3 3581 1101 Ext. 2505   Formality Check Administrative Affairs Section, in Customer Relations Policy Division under Trademark and Customer Relations Department, Japan Patent Office TEL: +81 3 3581 1101 Ext. 2618