Q2.- Does your IP office have specific procedures in place for applicants to request the registration of priority documents via WIPO DAS?
All the participants indicated that the applicant has to send a request to the IP Office to ask for the registration of the priority document into WIPO DAS.
Q3.- 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).
Country
via letter to IP Office
via Online form
email
other
Mexico
YES
India
YES
Estonia
YES
YES
YES
France
YES
contact form on our website
Lithuania
YES
YES
via Front Office by attaching an electronic request
Eurasian Patent Organization
YES
Norway
YES
Spain
YES
YES
Australia
YES
YES
Canada
YES
YES
YES
Chile
YES
YES
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.
Colombia
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.
Belgium
YES
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.
Germany
YES
via letter to IP Office, Various methods: paper form, paper letter, modules in e-filing tool
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
Q3.- 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.
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.
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
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
Q4.- Are there any fees associated with issuing priority documents and registering them in WIPO DAS through your IP office?
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?
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
Use of the WIPO DAS system is free of charge
Republic of Korea
Use of the WIPO DAS system is free of charge
Q5.- Does IPO require a translation of the priority document's content?
Country
No translation required
Simple (human) translation
Certified translation
Comments
Mexico
YES
India
YES
Estonia
YES
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
no
Lithuania
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
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
Spain
YES
Simple (human) translation is required only when the priority is considered relevant to determine the patentability of the invention.
Australia
no
Canada
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
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
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
Germany
YES
Unsure: I don't think we require any translation
Republic of Korea
YES
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.
Q6.- Number of priority documents issued by IPO
Country
Paper
Electronic form
Via WIPO DAS
Comments
Mexico
0
0
73
India
only through WIPODAS
Estonia
20%
80%
France
23.30%
25.70%
51%
Lithuania
3
13
Values since January 1, 2023
Eurasian Patent Organization
147
21
Values since 2017, the year of joining DAS
Norway
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
Spain
5520
29
4526
Australia
1200
941
90-130 per month;;about 80 per month (total of 941 in 2022)
Canada (Industrial Designs)
152
For industrial designs: April 1, 2019 to March 31, 2023: 404 / CY2020: 74 / CY2021: 99 / CY2022: 152
Canada (Patents)
1000
568
For patents
Chile
10
238
375
Values for 2018-2022
Colombia
0
342
196
Belgium
400
WIPO DAS not yet applicable
Germany
24000
Values for 2022, WIPO DAS not yet applicable
Republic of Korea (patents)
217
53638
Values for 2022
Republic of Korea (industrial designs)
115
5141
Values for 2022
Q7.- Number of priority documents received by IPO
Country
Paper
Electronic form
Via WIPO DAS
Comments
Mexico
2543
India
Estonia
50%
50%
France
Unknown
Unknown
Unknown
Lithuania
0
0
0
Values since January 1, 2023
Eurasian Patent Organization
n/a
n/a
n/a
Norway
1
since NIPO started using WIPO DAS
Spain
65099
228
37
Australia
since 2009, a total of 41 (increase observed since 2020, with a total of 18
Canada
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
Canada
1168
35339
6488
For patents 2022
Chile
n/a
n/a
305
Values for 2018-2022
Colombia
0
0
383
Belgium
30
170
Germany
Unknown
0
0
Republic of Korea (patents)
217
10110
Values for 2022
Republic of Korea (industrial designs)
4
4240
Values for 2022
Q8.- Link to IPO's webpage where a description of the DAS system and its usage is made available to applicants?
For industrial designs: DAS usage as a depositing office is outlined in section 6.02.02 of the Industrial Design Office Practice Manual. DAS usage as an accessing office is outlined in section 8.07.08 of the Manual.
Q9.- IPO plan to issue national priority documents using the ST26 XML format
Country
Comments
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.
India
not implemented
Estonia
It is currently under discussion
France
IT developments are underway to take this into account
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.
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.
Norway
NIPO is currently working on adopting the DAS API solution and this work includes adopting the ST26 XML format.
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.
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.
Canada
For industrial designs: Not applicable given that ST26 appears to relate to sequence listing in patent applications.
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.
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.
Colombia
At the moment, the XML ST26 format has not been implemented in our Office, so it is not possible to answer this question.
Belgium
This is not yet implemented.
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.
Republic of Korea
KIPO plans to adopt the common ST.26 XML format which the CWS is currently working on.
