4 August, 2012
Legal News & Analysis – Asia Pacific – China – Intellectual Property
As of 1 March 2012, the State Intellectual Property Office of the People's Republic of China (“SIPO”) commenced an operation as both a Depositing Office and an Accessing Office under a service named Digital Access Service for Priority Documents (“DAS”). DAS is established and managed by the International Bureau of WIPO. To date, there are 11 participating offices, i.e. AU, DK (Depositing Office only), CN, ES, FI, GB, IB, JP, KR, SE (Depositing Office only), US.
Nowadays many Patent Offices are providing electronic data exchange services, not only through DAS but also under other agreements among offices. In order to free applicants from submitting paper copies of documentations as much as possible. By utilizing DAS, applicants are not required to provide physical copies of certified priority documents to each participating office. DAS is thus undoubtedly a useful tool to lighten the applicants’ burden on formality issues.
DAS is applicable to China inventions and utility model patent applications filed via Paris Convention route on or after 1 March 2012. In case necessary steps to deposit the priority application document in any of the Depositing Offices are fulfilled, applicants may file a request requesting SIPO to download a copy of the priority documents directly from the digital library of WIPO within the prescribed time limit (i.e. within 3 months from the Chinese filing date). In this way, SIPO shall deem that applicants have completed the formality requirements of submitting certified copies of the priority application documents. It is really convenient and cost/procedure saving for applicants as applicants no eager need to provide the same in each country in the traditional way.
Vice versa, if all necessary steps are taken before SIPO for depositing a CN patent application which is claimed as a priority via DAS, the applicant need not provide a physical copy of certified CN priority documents to other Participating Offices (except for DK and SE who are Depositing Offices only).
