Q1.- Participating countries
Answers were received from:
| Americas | Asia | Europe | Oceania |
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CountryFranceLithuania| Canada | Eurasian Patent Organization |
| Norway |
| Spain |
| Australia |
| Canada |
| Chile |
Colombia | France |
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| Chile | Republic of Korea | Lithuania |
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| Colombia | Japan | Norway |
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| China | Spain |
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| Belgium |
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| Germany |
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Q2.- Does your IP office have specific procedures in place for applicants to request the registration of priority documents via WIPO DAS?
| Country | Does your IP office have specific procedures in place for applicants to request the registration of priority documents via WIPO DAS? |
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| Mexico | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| India | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| Estonia | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| France | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| Lithuania | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| Eurasian Patent Organization | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| Norway | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| Spain | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| Australia | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| Canada | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| Canada | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| Chile | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| Colombia | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| Belgica | WIPO DAS depositing office functionality is currently under development and is expected in the second half of 2023, but a request to the NPO will need to be sent. |
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| Germany | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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| Republic of Korea | The "opt-in" way is applied for the applications submitted on and after July 1st, 2020. For the applications submitted before July 1st, 2020, the applicants have to send a request to our IP office to ask for the registration of the priority document into WIPO DAS. |
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| Japan | Opt-in (applicant request is not needed and the priority is automatically registered in WIPO DAS). |
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| China | The applicant has to send a request to your IP Office to ask for the registration of the priority document into WIPO DAS |
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Q3
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.- If the registration process has to be initiated by an applicant request, please select bellow, how the applicant should send the request (Please select all the options that might apply).
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| Country | via letter to IP Office | via Online form | email | other |
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| YES | contact form on our website |
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| YES | via Front Office by attaching an electronic request |
[| Eurasian Patent Organization |
][][][][][][| For international phase PCT applications, the priority document must be requested by email to INAPI as RO. FOR the rest of the applications, the applicant has 2 options: request the priority document online through our platform or submit a document in the respective application online requesting that INAPI generate the priority document through DAS and provide the respective code. |
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| YES |
| The applicant who has filed a patent application and wishes to assert the right of priority in one of the countries that is part of the DAS, must request through the Virtual Industrial Property Office (SIPI), a certification indicating that he/she wishes to obtain an official copy to claim priority. |
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| net yet applicable, it will be added to the national patent application form or it can be requested later by sending a letter to the IP office. |
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| via letter to IP Office, Various methods: paper form, paper letter, modules in e-filing tool |
] |
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| | Republic of Korea |
| YES |
| The "opt-in" way is applied for the applications submitted on and after July 1st, 2020. For the applications submitted before July 1st, 2020, the applicants have to send a request to our IP office to ask for the registration of the priority document into WIPO DAS | | Japan |
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| | China |
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| Via the official system in CNIPA website for patent business |
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Q4.- Does your IP Office utilize the DAS Office Portal? If not, please explain when DAS access codes are issued to applicants and how they are communicated.
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| Please select your Country or Organization | Does your IP Office utilize the DAS Office Portal? If not, please explain when DAS access codes are issued to applicants and how they are communicated. |
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| [Mexico] | [yes] | | [India] | [yes] | | [Estonia] | [yes] | | [France] | [yes] | | [Lithuania] | [yes] | | [Eurasian Patent Organization] | [yes] | | [Norway] | [WIPO automatically send an email to the applicant with the access code when our IP Office manually uploade the priority document to WIPO DAS.] | | [Spain] | [OEPM sends the priority document to WIPO via Winscp (das_es@sftp.wipo.int) and WIPO sends the access code to the applicant.] | | [Australia] | [yes] | | [Canada] | [The answer is YES, however CIPO's Industrial Design Office communicates access codes to the applicant via a letter from the Office, not through the email service provided by the DAS Office Portal.] | | [Canada] | [yes] | | [Chile] | [yes] | | [Colombia] | [yes] | | [Belgium] | [DAS-codes as depositing office are not yet available to applicants. But upon implementation DAS-codes will be issued by WIPO and sent to the applicants by e-mail to the e-mail address provided by the applicant.] | | [Germany] | [ Plan is to send access code (generated by us) together with Certificate of Availability to applicants once pdoc has been registered] | |
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| | Republic of Korea | If an application is submitted on and after July 1st, 2020, KIPO provides a DAS access code to the applicant accompanying the application number. If an application was submitted before July 1st, 2020, KIPO provides a DAS access code only when the applicant request. The applicant can check the DAS access code upon he or she receives the "Notice of the application number". The applicant could also check the DAS access code through the application information menu on the "Teukheo-ro", KIPO's e-filing portal | | Japan | When an applicant files an application online, the JPO provides the applicant with online filing receipt on which an access code is specified. On the other hand, for filing made in paper form, the access code will be included in the notification of application number sent by postcard from the JPO. | | China | After receiving the message of successful DAS registration from WIPO,CNIPA will get the applicant informed by email, which tells the applicant that he/she can access the DAS code via the official system in CNIPA website |
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Q5.- Are there any fees associated with issuing priority documents and registering them in WIPO DAS through your IP office?
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| Please select your Country or Organization | Are there any fees associated with issuing priority documents and registering them in WIPO DAS through your IP office? |
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| [Mexico] | [Use of the WIPO DAS system is free of charge] | | [India] | [Use of the WIPO DAS system is free of charge] | | [Estonia] | [Use of the WIPO DAS system is free of charge] | | [France] | [Use of the WIPO DAS system is free of charge] | | [Lithuania] | [A fixed fee is applicable for the issuance of a certified copy of priority documents, regardless of the format in which it is issued. Currently the amount of such fee is 23 euros.] | | [Eurasian Patent Organization] | [Same fee as for the preparation of certified copy on paper. No specific additional fee for the use of WIPO DAS.] | | [Norway] | [There is a fee of NOK 300 per priority document] | | [Spain] | [Use of the WIPO DAS system is free of charge] | | [Australia] | [The cost of the service is $50] | | [Canada] | [Use of the WIPO DAS system is free of charge] | | [Chile] | [Use of the WIPO DAS system is free of charge] | | [Colombia] | The issuance of priority certificates has a cost of $34,000 COP when paid online, and $41,500 COP when paid physically. This fee is charged for the preparation of the priority document and the certified signatures, regardless of whether the document is to be delivered physically or through the DAS application. | | [Belgium] | [Use of the WIPO DAS system is free of charge] | [Germany] | | Germany | Use of the WIPO DAS system is free of charge | | Republic of Korea | Use of the WIPO DAS system is free of charge | | Japan | Use of the WIPO DAS system is free of charge | | China | [Use of the WIPO DAS system is free of charge | ] |
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Q5.- Does IPO require a translation of the priority document's content?
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| Country | No translation required | Simple (human) translation | Certified translation | Comments |
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| Mexico |
| YES |
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| | India | YES |
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| | Estonia | YES |
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| Usually we do not require a translation. Translations of foreign language documents certifying a priority claim shall be submitted only at the request (in case of difficulties related to understanding the language) | | France | YES |
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| no | | Lithuania |
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| The translation is not required if previously filed application (the priority document) is in Lithuanian, English, German or French. Translation is always required if previously filed application is in other than Lithuanian language in cases when the applicant submits a statement that the description, claims, drawings or parts thereof, which are missing in the patent application, but which are present in the priority document, are to be considered as contained in the filed patent application. The quality of the translation is not specified. | | Eurasian Patent Organization | YES |
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| In certain cases EAPO may request:
- a simple (human) translation for the purpose of patentability assessment;
- translation of the title page to check the eligibility for the priority claim. | | Norway | YES |
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| | Spain |
| YES |
| Simple (human) translation is required only when the priority is considered relevant to determine the patentability of the invention. | | Australia |
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| no | | Canada |
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| The Industrial Design Office will require a translation if the priority document is in a language other than English or French. The type of translation does not matter, however, if the Office has reasonable grounds to believe that a translation is not accurate, it may request that the applicant submit, within 3 months, (a) a statement by the translator to the effect that, to the best of their knowledge, the translation is accurate; or (b) a new translation together with a statement by its translator to the effect that, to the best of their knowledge, the new translation is accurate. | | Canada |
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| no, If the applications is not wholly in English or French, our examiner, during examination may request a certified copy if they have a reason to question the validity of the priority. | | Chile |
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| Translation is only requested in cases required by the examiner for when he needs to clarify inconsistencies between the priority and the application | | Colombia |
| YES |
| Simple (human) translation | | Belgica | YES |
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| | Germany |
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| YES | Unsure: I don't think we require any translation | | Republic of Korea | YES |
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| Though the submission of a translation of the priority document is not required usually, we could request the translated version of the priority document when needed. | | Japan | YES |
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| | Other |
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| After the priority document has been retrieved successfully, in the subsequent procedure, the applicant is required to submit the translations of either bibliographical reference of the priority document or bibliographical reference of the certificate of priority transfer. |
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Q7.- Number of priority documents issued by IPO
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| Country | Type if available) | Paper | Electronic form | Via WIPO DAS | Comments |
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| Mexico |
| 0 | 0 | 73 |
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| India |
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| only through WIPODAS |
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| Estonia |
| 20% |
| 80% |
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| France |
| 23.30% | 25.70% | 51% |
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| Lithuania |
| 3 |
| 13 | Values since January 1, 2023 |
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| Eurasian Patent Organization |
| 147 |
| 21 | Values since 2017, the year of joining DAS |
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| Norway |
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| 844 | About 25-30 a year for patent, 150 a year for Trademark and design;only kopies of priority documents;844 since NIPO started using WIPO DAS |
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| Spain |
| 5520 | 29 | 4526 |
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| Australia |
| 1200 |
| 941 | 90-130 per month;;about 80 per month (total of 941 in 2022) |
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| Canada |
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| 152 | For industrial designs: April 1, 2019 to March 31, 2023: 404 / CY2020: 74 / CY2021: 99 / CY2022: 152 |
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Canada () | 1000 |
| 568 | For patents |
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| Chile |
| 10 | 238 | 375 | Values for 2018-2022 |
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| Colombia |
| 0 | 342 | 196 |
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Belgica
| | Belgium |
| 400 |
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| WIPO DAS not yet applicable |
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| Germany |
| 24000 |
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| Values for 2022, WIPO DAS not yet applicable |
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| | Republic of Korea | Patents | 217 |
| 53638 | Values for 2022 |
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| Industrial Designs | 115 |
| 5141
| Values for 2022 |
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| Japan | Patent | 2100 |
| 107446 | Values for 2021 |
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| Utility models | 20 |
| 107 |
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| Industrial Designs | 3758 |
| 6314 |
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| Trademarks | 1914 |
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| 120121 | 58967 | DAS values are between January 26 and May 24, 2023 |
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Q8.- Number of priority documents received by IPO
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| Country | Type if available | Paper | Electronic form | Via WIPO DAS | Comments |
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| Mexico |
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| 2543 |
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| India |
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| Estonia |
| 50% |
| 50% |
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| France |
| Unknown | Unknown | Unknown |
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| Lithuania |
| 0 | 0 | 0 | Values since January 1, 2023 |
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| Eurasian Patent Organization |
| n/a | n/a | n/a |
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| Norway |
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| 1 | since NIPO started using WIPO DAS |
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| Spain |
| 65099 | 228 | 37 |
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| Australia |
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| since 2009, a total of 41 (increase observed since 2020, with a total of 18 |
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| Canada | Industrial Designs | n/a | n/a | 597 | For industrial designs. For WIPO DAS: April 1, 2019 to March 31, 2023: 1155 / CY2020: 222 / CY2021: 71 / CY2022: 597 |
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| Patents | 1168 | 35339 | 6488 | For patents 2022 |
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| Chile |
| n/a | n/a | 305 | Values for 2018-2022 |
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| Colombia |
| 0 | 0 | 383 |
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| Belgium |
| 30 |
| 170 |
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| Germany |
| Unknown | 0 | 0 |
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| Republic of Korea | Patents | 217 |
| 10110 | Values for 2022 |
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| Industrial Designs | 4 |
| 4240
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| Japan |
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| China |
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| 166114 | 25714 | DAS values are between January 26 and May 24, 2023 |
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Q9.- Link to IPO's webpage where a description of the DAS system and its usage is made available to applicants?
Q8
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Q9
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Q9.- IPO plan to issue national priority documents using the ST26 XML format
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| Mexico | The IMPI is currently in a phase of analysis for the issuance of certified copies of priority containing a list file of sequences in XML under the ST26 standard. |
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| India | not implemented |
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| Estonia | It is currently under discussion |
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| France | IT developments are underway to take this into account |
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| Lithuania | Currently it is issued as a part of description in the format in which the copy is issued (paper or pdf in WIPO DAS). Still considering how to issue this part in xml format. |
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| Eurasian Patent Organization | EAPO accepts ST26 XML format as a filing format of Eurasian application files. EAPO plans to use DAS to issue priority documents containing XML sequences. |
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| Norway | NIPO is currently working on adopting the DAS API solution and this work includes adopting the ST26 XML format. |
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| Spain | Nowadays, we only issue national priority documents in paper, except those ones via DAS.
If a priority document in paper has sequence listings in ST26 format, we print the sequence listings and attach it to the description, as a part of it.
In the future, we plan to issue electronic priority documents and we are considering the solution of providing a ZIP file that include an XML file with the ST.26 sequence listings and a PDF file with the description, the claims and the drawings. |
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| Australia | We convert the ST.26 XML format sequence listings to PDF and merge this with the national priority pdf document. As of February 2023, a stylesheet is used to transform the ST.26 XML sequence listing into a more readable format. |
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| Canada | For industrial designs: Not applicable given that ST26 appears to relate to sequence listing in patent applications. |
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| Canada | We are still waiting on CWS (actively participating on CWS) on a standardized way to transmit the ST. 26 compliant sequence listings before we develop an implementation plan. |
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| Chile | It´s not yet implemented, it's part of big project that is just getting started to rise in the long term that has to do with digitization and XML.
INAPI receives sequence listings in PDF file in PCT national phase and as RO PCT in format ST.26. |
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| Colombia | At the moment, the XML ST26 format has not been implemented in our Office, so it is not possible to answer this question. |
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| Belgium | This is not yet implemented. |
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| Germany | So far for paper, XML gets printed, not ideal, looking into alternative methods. For electronic via DAS; we are looking into providing electronic access, (i.e. sheet insert with details how to download/access SEQL), similar to what IB does. Alternative looking into CWS/SEQL Task Forces conversion style sheets to human readable form. Waiting what will be decided for new DAS API. |
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| Republic of Korea | KIPO plans to adopt the common ST.26 XML format which the CWS is currently working on. |
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| Japan | In order to receive the priority documents in ST26 XML format, it requires to modify the JPO’s system and will need significant costs. We are very concerned about this point. Under the JPO's current system, even if priority documents are sent to the JPO in XML format, the JPO's system cannot process them. Therefore, even if the Office of first filing send PD response with a priority document in XML format to the JPO (Office of second filing) successfully, the JPO's current system cannot process it and the Office of first filing has to send a priority document in PDF format to the JPO later. |
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| China | Currently CNIPA only supports PDF format during issuing and retrieving priority documents, including priority documents which contain ST.26 sequence listings. As regards issuing national priority documents using the ST.26 XML format, considering the various operation possibilities, CNIPA needs further analyses based on the new standard. Meanwhile, the smallest system change would be preferred when realizing the function |
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