PDX Program Between Taiwan and Korea Commences on January 01, 2016

Taiwan IP Office (TIPO) and Korea IP office (KIPO) make great strides towards patent examination by signing the MOU of the PDX (electronic exchange of priority documents) program.

The PDX program is applied to invention and utility model patent applications first filed with TIPO and KIPO only but not applied to design or trademark applications nor PCT applications.

Starting from January 01, 2016, upon request by the applicant in the application form for an invention or a utility model patent application, TIPO and KIPO will directly exchange documents electronically without the extra official fee. It is no longer necessary to submit the original priority documents for claiming priority based on a Taiwanese or Korean patent application to save time and cost on paperwork by increasing administrative efficiency to well expedite examination . This program also extends to applicants with PDX requests for priority claims within 16 months prior to the launch of this program.

TIPO and KIPO have planned to exchange electronic priority documents once per month. Thus, it will take about 30 days to complete the exchange procedure. If the electronic exchange succeeds, the applicant will not receive any notice from either office. However, in case the electronic exchange fails due to the internet disconnection or other cause(s) not attributable to the applicants, TIPO or KIPO will take a remedial action by re-exchanging the electronic priority documents. After the re-exchange, the documents are deemed to have submitted within the statutory period.

On the contrary, if the failure is resulted in the wrong filing date or filing number of the first filed application or other cause(s) attributable to the applicant, the applicant should correct the filing date or number or submit the original copy of the priority document up to TIPO or KIPO within a two-month period specified by the two participating offices. Otherwise, the priority will be deemed unclaimed.

utility modelDelivered by: Sandy WANG (Ms.) / Senior Partner
JAW-HWA1JAW-HWA INTERNATIONAL PATENT &
TRADEMARK & LAW OFFICES
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www.jaw-hwa.com.tw
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