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The proposed change and schedule support backward system compatibility for "Route A" Offices and would allow the Offices to implement this upgarde individually.
Change in Priority Request function
The security improvement brings in an additional check to ensure correctness of the priority filing date, if it is provided by the requesting Office (OSF) during the Priority Document request.
The current Route C Offices (JP, KR and US) would be moving to a new version TDA/PDX 1.7.2 starting next year (04-JAN-2012) to implement this cross-check as OFF whenever applicable and to supply the priority filing date as OSF.
The change taking into account comments posted by the JPO on November 11, 2011 will be made as follows:
In respect of priority documents held in WIPO for current Route A Offices (AU, ES, DK, FI, GB, IB, SE), the following conditions apply:
- DAS holds the priority filing date with the priority document, the DAS core system will perform the cross check:
- (a) - If the OSF supplies a wrong priority filing date, retrieval will not be allowed and the OSF will receive an appropriate response error specific to protocol TDA (i.e. status 13) or EDI (error -4).
- (b) - If the OSF does not provide any priority filing date, no cross check will be performed by DAS.
- DAS does not hold the priority filing date with the priority document, the DAS core system will not perform this cross check.
The IB would like to suggest the following for your consideration:
- (i) - Shall we put a restriction in the upload operation so that the priority filing dates are always provided and the system generates error if it is not the case.
- (ii) - If we don't implement the restriction for registering the priority document with its filing date (like the current situation), there are cases where the priority filing dates are not provided and therefore cross-check cannot be performed by DAS.
- (iii) - Would there be cases where the priority filing dates get changed after DAS registration? If so, there should be a provision for the OFF to update the date record in DAS. The DAS system should notify OSFs which have already retrieved successfully the priority document about the date change. This is unlikely to happen because within the time window when a correction of the priority filing date may be made (e.g. two months) there would be no retrieval.
With regard to priority documents held in Route C Offices (JP, KR and US), the following conditions apply:
- If DAS holds the priority filing date, the cross-check as mentioned in (a) and (b) apply
- If DAS does not hold the priority filing date, the cross-check will be performed by the depositing Office.
Current participating Offices are invited to comment on this suggested change and the hightligted points (i), (ii), (iii) so that appropriate implementation would be planned in due course.
"Route D" migration and Extension to Industrial Designs, Trademarks and Utility Models
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