Summary

The Third Session of the DAS Working Group held from July 12 to 14, 2011 in WIPO gave the mandate to the International Bureau to implement the extension and improvements of DAS as summarized in the Summary by the Chair (Document WIPO/DAS/PD/WG/3/7).

The requirement specifications relating to the extension and improvements of DAS (2.0) is posted in this page for reviews by the DAS Consultative Group.

A prototype showing future pages of the Applicant and Office portals is attached. Please click here to download the Zip file and unzip it to your local desktop to view the prototype screen mockups. 

Some changes relating to DAS exchange betwwen Offices over the TDA/PDX and PCT-EDI protocols will be required to support Route D. Proposal for changes in TDA/PDX will be discussed through the TDA forum. PCT-EDI related changes are discussed below.

Review of requirements specifications

Members of the Consultative Group are inivited to comment on the requirement specifications. In order to facilitate the plannings for the development and end users testing of DAS 2.0, the International Bureau would be grateful if members of the Consultative Group would provide as soon as possible their feedbacks so that the specifications would be revised by November 18, 2011 if required.

Corrigendum: The International Bureau has extended the feedback deadline to December 2, 2011, in order to give sufficient time to Offices to provide their feedback.

Proposed implementation timelines

The International Bureau would like to propose the following timelines for the implementation DAS 2.0. Current participating Offices are welcome to comment on the proposed timelines

Security Improvements

DAS security improvements to add cross-check of the priority filing date are already available in the TEST environment of DAS and supported by exchange via TDA/PDX 1.7.2 and PCT-EDI. The planned schedule for DAS improvement upgrade is based on to the TDA/PDX 1.7.2 implementation timelines as discussed and agreed with "Route C".

The proposed change and schedule support backward system compatibility for "Route A" Offices and would allow the Offices to implement this upgarde individually.

Change in Priority Request function

The security improvement brings in an additional check to ensure correctness of the priority filing date, if it is provided by the requesting Office (OSF) during the Priority Document request. 

The current Route C Offices (JP, KR and US) would be moving to a new version TDA/PDX 1.7.2 starting next year (04-JAN-2012) to implement this cross-check as OFF whenever applicable and to supply the priority filing date as OSF.

The change taking into account comments posted by the JPO on November 11, 2011 will be made as follows:

In respect of priority documents held in WIPO for current Route A Offices (AU, ES, DK, FI, GB, IB, SE), the following conditions apply:

- DAS holds the priority filing date with the priority document, the DAS core system will perform the cross check:

• (a)  - If the OSF supplies a wrong priority filing date, retrieval will not be allowed and the OSF will receive an appropriate response error specific to protocol TDA (i.e. status 13) or EDI (error -4).
• (b) - If the OSF does not provide any priority filing date, no cross check will be performed by DAS.

- DAS does not hold the priority filing date with the priority document, the DAS core system will not perform this cross check.

 The IB would like to suggest the following for your consideration:

• (i) - Shall we put a restriction in the upload operation so that the priority filing dates are always provided and the system generates error if it is not the case.
• (ii) - If we don't implement the restriction for registering the priority document with its filing date (like the current situation), there are cases where the priority filing dates are not provided and therefore cross-check cannot be performed by DAS.
• (iii) - Would there be cases where the priority filing dates get changed after DAS registration? If so, there should be a provision for the OFF to update the date record in DAS. The DAS system should notify OSFs which have already retrieved successfully the priority document about the date change. This is unlikely to happen because within the time window when a correction of the priority filing date may be made (e.g. two months) there would be no retrieval. 

With regard to priority documents held in Route C Offices (JP, KR and US), the following conditions apply:

- If DAS holds the priority filing date, the cross-check as mentioned in (a) and (b) apply

- If DAS does not hold the priority filing date, the cross-check will be performed by the depositing Office.

Current participating Offices are invited to comment on this suggested change and the hightligted points (i), (ii), (iii) so that appropriate implementation would be planned in due course.

"Route D" migration and Extension to Industrial Designs, Trademarks and Utility Models

The suggested timelines for the implementation of DAS extension is as follows:

The proposed change and schedule support backward system compatibility for Routes "A" and "C" Offices and would allow the Offices to implement the changes at their own pace.