06 September, 2018
Spruson

China Update: Digital platform switched for SINO-US priority document exchange

China Update: Digital platform switched for SINO-US priority document exchange

Starting from September 1, 2018, the China National Intellectual Property Administration (CNIPA) and the United States Patent and Trademark Office (USPTO) will switch to the World Intellectual Property Organization (WIPO) Digital Access Service (DAS) platform for exchanging electronic priority documents. The direct bilateral exchange service will cease at this time. The certified copy requirement is considered to be satisfied when a priority document is retrieved electronically via the WIPO DAS service. Participation for the DAS exchange service is voluntary and no official fee is charged.

Requesting DAS Deposit by OFF

The CNIPA as the Office of First Filing (OFF) will deposit via the WIPO DAS certified copies of patent,utility model and industrial design applications as priority documents, including international applications filed under the Patent Cooperation Treaty with the CNIPA as the receiving office (RO/CN). After the request for deposit via the WIPO DAS is accepted by the CNIPA, the applicant can retrieve the WIPO DAS access code via the Patent Affairs Service System.

The USPTO as the OFF will deposit, via the WIPO DAS, certified copies of U.S. national patent applications as priority documents; and, does not deposit U.S. design applications or international applications filed under the Patent Cooperation Treaty with the USPTO as receiving office (RO/US). The WIPO DAS access code can be found on the application filing receipts.

Requesting DAS Retrieval by OSF

For applications filed on or after September 1, 2018, in addition to the priority claim (including the country code, application number and filing date), the applicant shall provide the WIPO DAS access code associated with the priority application that is to be retrieved via the WIPO DAS service.

The results for the retrieval will be communicated to the applicant by the CNIPA via email or by the USPTO on the U.S. application filing receipts. The applicant is encouraged to review the results for the retrieval as communicated by the patent office as incorrect information will fail when attempting to retrieve the priority document.

Any DAS request for CNIPA shall be filed electronically. For a DAS deposit the applicant is suggested to request it after the invention has passed the confidentiality examination by the CNIPA where it applies.

Our Beijing team is able to provide services such as requesting deposit or retrieval in DAS and advising on confidentiality examination proceedings. Should you have any questions in regard to this update, please don’t hesitate to contact us.


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