TIPO and JPO Have Implemented the “Priority Document Exchange” (PDX) Program on December 02, 2013
On November 5, the Association of East Asian Relations and Interchange Association Japan signed a memorandum of understanding on the PDX program. TIPO and JPO have started the PDX program on December 02, 2013.
Under the PDX, the applicant that has first filed an invention patent or utility model with TIPO (Office of First Filing, OFF) may request an access code with the office and use it to replace paper priority documents and claim priority to the TIPO application at the JPO (Office of Second Filing, OSF). Similarly, the applicant that claims priority to the JPO application at TIPO and provides the JPO-issued access code to TIPO within 16 months after the earliest priority is claimed may be deemed to have provided the priority documents.
To encourage this online procedure, TIPO does not require any fees for requesting an access code. However, please note that the PDX program is not applied to design applications.
After the PDX has been implemented, both offices can directly transmit and obtain electronic priority documents of applications filed bilaterally without wasting time and money on producing their paper version. In turn, this simplified, cross-country request procedure can help the applicant to economize on postage. Moreover, the PDX would enable synchronization of patent-family information by allowing patent examiners to quickly access and review online priority documents from the offices, thereby enhancing examination and administrative efficiency.
Moreover, the program is applicable to applications with priority claimed, which were filed before December 02, 2013 and are still within 16 months after the earliest priority date. For those applications claiming priority to the TIPO applications at JPO, the applicants thereof may request for the access code with TIPO and use it to replace paper priority documents to provide to JPO within 16 months after the earliest priority date and vice versa.
In addition, TIPO has actively provided access codes for those cases applying for priority documents which were filed within 16 months prior to the official implementation of the PDX program. The applicants may look up the access codes via the TIPONet with their existing accounts and passwords directly or through their attorneys. It is not necessary for them to request for the access codes with TIPO.
Remedies for TIPO to fail to obtain an electronic file of the priority document based on an access code provided by the applicant are as below:
(1) If the failure is caused by any grounds not attributable to the applicant, such as breakdown of network transmission or an error in delivering mail, after TIPO eliminates such breakdown and has fulfilled what should be done, it will be deemed that the applicant has submitted the priority document within the statutory time period.
(2) If the failure is caused by grounds attributable to the applicant, such as providing a wrong access code or application number of the basic patent application, TIPO shall inform and request the applicant to provide the correct access code or application number, or supplement the paper priority document within two months. Where the correct access code or application number is not provided or the paper priority document is not supplemented within the specified time period as stated, the priority document shall be deemed to have not been submitted.
Source: TIPO Newsletter issued on December 05, 2013
(http://www.tipo.gov.tw/public/epaper/113/ePaper113_ep7795.htm)
Delivered by: JAW-HWA INTERNATIONAL PATENT & TRADEMARK & LAWOFFICES
TAIPEI, TAIWAN
http://www.jaw-hwa.com.tw
