Q1.- Participating countries

Answers were received from:

AmericasAsiaEuropeOceania
MexicoIndiaEstoniaAustralia
CanadaEurasian Patent OrganizationFrance
ChileRepublic of KoreaLithuania
ColombiaJapanNorway

ChinaSpain


Belgium


Germany

Q2.- Does your IP office have specific procedures in place for applicants to request the registration of priority documents via WIPO DAS?

CountryDoes your IP office have specific procedures in place for applicants to request the registration of priority documents via WIPO DAS?
Mexico

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

India

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

Estonia

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

France

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

Lithuania

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

Eurasian Patent Organization

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

Norway

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

Spain

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

Australia

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

Canada

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

Canada

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

Chile

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

Colombia

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

Belgica

WIPO DAS depositing office functionality is currently under development and is expected in the second half of 2023, but a request to the NPO will need to be sent.

Germany

The applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

Republic of Korea

The "opt-in" way is applied for the applications submitted on and after July 1st, 2020. For the applications submitted before July 1st, 2020, the applicants have to send a request to our IP office to ask for the registration of the priority document into WIPO DAS.

Japan

Opt-in (applicant request is not needed and the priority is automatically registered in WIPO DAS).

ChinaThe applicant has to send a request to your IP Office to  ask for the registration of the priority document into WIPO DAS

Q3.- If the registration process has to be initiated by an applicant request, please select bellow, how the applicant should send the request  (Please select all the options that might apply).

Countryvia letter to IP Officevia Online formemailother
MexicoYES


IndiaYES


EstoniaYESYESYES
France

YEScontact form on our website
LithuaniaYES
YESvia Front Office by attaching an electronic request
Eurasian Patent OrganizationYES


Norway
YES

SpainYESYES

AustraliaYESYES

CanadaYESYESYES
Chile
YESYESFor international phase PCT applications, the priority document must be requested by email to INAPI as RO. FOR the rest of the applications, the applicant has 2 options: request the priority document online through our platform or submit a document in the respective application online requesting that INAPI generate the priority document through DAS and provide the respective code.
Colombia
YES
The applicant who has filed a patent application and wishes to assert the right of priority in one of the countries that is part of the DAS, must request through the Virtual Industrial Property Office (SIPI), a certification indicating that he/she wishes to obtain an official copy to claim priority.
BelgiumYES

net yet applicable, it will be added to the national patent application form or it can be requested later by sending a letter to the IP office.
GermanyYES

via letter to IP Office, Various methods: paper form, paper letter, modules in e-filing tool
Republic of Korea
YES
The "opt-in" way is applied for the applications submitted on and after July 1st, 2020. For the applications submitted before July 1st, 2020, the applicants have to send a request to our IP office to ask for the registration of the priority document into WIPO DAS
Japan



China


Via the official system in CNIPA website for patent business

Q4.- Does your IP Office utilize the DAS Office Portal? If not, please explain when DAS access codes are issued to applicants and how they are communicated.

Please select your Country or OrganizationDoes your IP Office utilize the DAS Office Portal? If not, please explain when DAS access codes are issued to applicants and how they are communicated.
Mexicoyes
Indiayes
Estoniayes
Franceyes
Lithuaniayes
Eurasian Patent Organizationyes
NorwayWIPO automatically send an email to the applicant with the access code when our IP Office manually uploade the priority document to WIPO DAS.
SpainOEPM sends the priority document to WIPO via Winscp (das_es@sftp.wipo.int) and WIPO sends the access code to the applicant.
Australiayes
CanadaThe answer is YES, however CIPO's Industrial Design Office communicates access codes to the applicant via a letter from the Office, not through the email service provided by the DAS Office Portal.
Canadayes
Chileyes
Colombiayes
BelgiumDAS-codes as depositing office are not yet available to applicants. But upon implementation DAS-codes will be issued by WIPO and sent to the applicants by e-mail to the e-mail address provided by the applicant.
GermanyPlan is to send access code (generated by us) together with Certificate of Availability to applicants once pdoc has been registered
Republic of KoreaIf an application is submitted on and after July 1st, 2020, KIPO provides a DAS access code to the applicant accompanying the application number. If an application was submitted before July 1st, 2020, KIPO provides a DAS access code only when the applicant request. The applicant can check the DAS access code upon he or she receives the "Notice of the application number". The applicant could also check the DAS access code through the application information menu on the "Teukheo-ro", KIPO's e-filing portal
Japan

When an applicant files an application online, the JPO provides the applicant with online filing receipt on which an access code is specified. On the other hand, for filing made in paper form, the access code will be included in the notification of application number sent by postcard from the JPO.

ChinaAfter receiving the message of successful DAS registration from WIPO,CNIPA will get the applicant informed by email, which tells the applicant that he/she can access the DAS code via the official system in CNIPA website

Q5.- Are there any fees associated with issuing priority documents and registering them in WIPO DAS through your IP office?

Please select your Country or OrganizationAre there any fees associated with issuing priority documents and registering them in WIPO DAS through your IP office?
MexicoUse of the WIPO DAS system is free of charge
IndiaUse of the WIPO DAS system is free of charge
EstoniaUse of the WIPO DAS system is free of charge
FranceUse of the WIPO DAS system is free of charge
LithuaniaA fixed fee is applicable for the issuance of a certified copy of priority documents, regardless of the format in which it is issued. Currently the amount of such fee is 23 euros.
Eurasian Patent OrganizationSame fee as for the preparation of certified copy on paper. No specific additional fee for the use of WIPO DAS.
NorwayThere is a fee of NOK 300 per priority document
SpainUse of the WIPO DAS system is free of charge
AustraliaThe cost of the service is $50
CanadaUse of the WIPO DAS system is free of charge
ChileUse of the WIPO DAS system is free of charge
ColombiaThe issuance of priority certificates has a cost of $34,000 COP when paid online, and $41,500 COP when paid physically. This fee is charged for the preparation of the priority document and the certified signatures, regardless of whether the document is to be delivered physically or through the DAS application.
BelgiumUse of the WIPO DAS system is free of charge
GermanyUse of the WIPO DAS system is free of charge
Republic of KoreaUse of the WIPO DAS system is free of charge
JapanUse of the WIPO DAS system is free of charge
ChinaUse of the WIPO DAS system is free of charge

Q5.- Does IPO require a translation of the priority document's content?

CountryNo translation requiredSimple (human) translationCertified translationComments
Mexico
YES

IndiaYES


EstoniaYES

Usually we do not require a translation. Translations of foreign language documents certifying a priority claim shall be submitted only at the request (in case of difficulties related to understanding the language)
FranceYES

no
Lithuania


The translation is not required if previously filed application (the priority document) is in Lithuanian, English, German or French. Translation is always required if previously filed application is in other than Lithuanian language in cases when the applicant submits a statement that the description, claims, drawings or parts thereof, which are missing in the patent application, but which are present in the priority document, are to be considered as contained in the filed patent application. The quality of the translation is not specified.
Eurasian Patent OrganizationYES

In certain cases EAPO may request:
- a simple (human) translation for the purpose of patentability assessment;
- translation of the title page to check the eligibility for the priority claim.
NorwayYES


Spain
YES
Simple (human) translation is required only when the priority is considered relevant to determine the patentability of the invention.
Australia


no
Canada


The Industrial Design Office will require a translation if the priority document is in a language other than English or French. The type of translation does not matter, however, if the Office has reasonable grounds to believe that a translation is not accurate, it may request that the applicant submit, within 3 months, (a) a statement by the translator to the effect that, to the best of their knowledge, the translation is accurate; or (b) a new translation together with a statement by its translator to the effect that, to the best of their knowledge, the new translation is accurate.
Canada


no, If the applications is not wholly in English or French, our examiner, during examination may request a certified copy if they have a reason to question the validity of the priority.
Chile


Translation is only requested in cases required by the examiner for when he needs to clarify inconsistencies between the priority and the application
Colombia
YES
Simple (human) translation
BelgicaYES


Germany

YESUnsure: I don't think we require any translation
Republic of KoreaYES

Though the submission of a translation of the priority document is not required usually, we could request the translated version of the priority document when needed.
JapanYES


Other


After the priority document has been retrieved successfully, in the subsequent procedure, the applicant is required to submit the translations of either bibliographical reference of the priority document or bibliographical reference of the certificate of priority transfer.



Q7.-  Number of priority documents issued by IPO

CountryType if available)PaperElectronic formVia WIPO DASComments
Mexico
0073
India



only through WIPODAS
Estonia
20%
80%
France
23.30%25.70%51%
Lithuania
3
13Values since January 1, 2023
Eurasian Patent Organization
147
21Values since 2017, the year of joining DAS
Norway


844About 25-30 a year for patent, 150 a year for Trademark and design;only kopies of priority documents;844 since  NIPO started using WIPO DAS
Spain
5520294526
Australia
1200
94190-130 per month;;about 80 per month (total of 941 in 2022)
CanadaIndustrial Designs

152For industrial designs: April 1, 2019 to March 31, 2023: 404 / CY2020: 74 / CY2021: 99 / CY2022: 152
Patents1000
568For patents
Chile
10238375Values for 2018-2022
Colombia
0342196
Belgium
400

WIPO DAS not yet applicable
Germany
24000

Values for 2022, WIPO DAS not yet applicable
Republic of KoreaPatents217
53638Values for 2022
Industrial Designs115

5141


Values for 2022
JapanPatent2100
107446Values for 2021
Utility models20
107
Industrial Designs3758
6314
Trademarks1914




12012158967DAS values are between January 26 and May 24, 2023

Q8.- Number of priority documents received by IPO

CountryType if availablePaperElectronic formVia WIPO DASComments
Mexico


2543
India




Estonia
50%
50%
France
Unknown Unknown Unknown 
Lithuania
000Values since January 1, 2023
Eurasian Patent Organization
n/an/an/a
Norway


1since  NIPO started using WIPO DAS
Spain
6509922837
Australia



since 2009, a total of 41 (increase observed since 2020, with a total of 18
CanadaIndustrial Designsn/an/a597For industrial designs. For WIPO DAS: April 1, 2019 to March 31, 2023: 1155 / CY2020: 222 / CY2021: 71 / CY2022: 597
Patents1168353396488For patents 2022
Chile
n/an/a305Values for 2018-2022
Colombia
00383
Belgium
30
170
Germany
Unknown 00
Republic of KoreaPatents217
10110Values for 2022
Industrial Designs4

4240


Values for 2022
Japan




China

16611425714DAS values are between January 26 and May 24, 2023

Q9.- Link to IPO's webpage where a description of the DAS system and its usage is made available to applicants?

CountryURLNotes
Mexicohttps://www.gob.mx/cms/uploads/attachment/file/667152/Gui_a_de_uso_DAS.pdfGuía de Uso, Servicio de Acceso Digital (DAS
India
it was issued through Public notice
Estoniahttps://www.epa.ee/en/patents-utility-models/priority-claim-and-wipo-das
Francehttps://www.inpi.fr/copie-officielle-d-une-demande-de-brevet-francais
Lithuaniahttps://vpb.lrv.lt/lt/dazniausiai-uzduodami-klausimaiOnly in Lithuanian as one of the FAQs:
Eurasian Patent OrganizationAnnouncements (in Russian): https://www.eapo.org/ru/index.php?newspress=view&d=683 https://www.eapo.org/ru/index.php?newspress=view&d=1213 ; Patent Regulations under the EAPC, Rule 33 (5), Rule 36 (2): https://www.eapo.org/en/documents/norm/instr202211_eng.pdf
Norwayhttps://www.patentstyret.no/en/services/priority-certificates-and-certified-copies/
Spainhttp://www.oepm.es/es/Invenciones_Ley_24_2015/patentes_nacionales/tramites_linea/servicio.html
Australiahttps://www.ipaustralia.gov.au/international-ip/international-cooperation
Canada (industrial Designs)https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/industrial-designs/industrial-design-office-practicesFor industrial designs: DAS usage as a depositing office is outlined in section 6.02.02 of the Industrial Design Office Practice Manual. DAS usage as an accessing office is outlined in section 8.07.08 of the Manual.
Canada (patents)https://manuels-manuals.opic-cipo.gc.ca/w/ic/MOPOP-en#ss_7_04_02, https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/patents/furnishing-your-priority-property-office/en/patents/furnishing-your-priority-documents-during-pct-application, https://www.ic.gc.ca/cipo/patentorder1.nsf/wipoDas-eng?readForm
Chile
There is a press release on our website and a contact person to ask questions about how to proceed.
Colombiahttps://www.sic.gov.co/noticias/la-sic-pone-disposici%C3%B3n-de-los-solicitantes-de-patentes-el-servicio-de-acceso-digital-de-la-ompi
Belgiumhttps://economie.fgov.be/fr/themes/propriete-intellectuelle/innovation-et-propriete/le-droit-de-priorite Currently only available for the accessing functionality, not yet as depositing office
Germany
None available yet, still in planning phase
Republic of Koreahttps://www.patent.go.kr/smart/jsp/ka/menu/support/main/WipoAccessCodeHelp.do
Japan

https://www.jpo.go.jp/e/system/process/shutugan/yusen/das/index.html


China
Only available in Chinese

Q9.- IPO plan to issue national priority documents using the ST26 XML format

CountryComments
MexicoThe IMPI is currently in a phase of analysis for the issuance of certified copies of priority containing a list file of sequences in XML under the ST26 standard.
Indianot implemented
EstoniaIt is currently under discussion
FranceIT developments are underway to take this into account
LithuaniaCurrently it is issued as a part of description in the format in which the copy is issued (paper or pdf in WIPO DAS). Still considering how to issue this part in xml format.
Eurasian Patent OrganizationEAPO accepts ST26 XML format as a filing format of Eurasian application files. EAPO plans to use DAS to issue priority documents containing XML sequences.
NorwayNIPO is currently working on adopting the DAS API solution and this work includes adopting the ST26 XML format.
SpainNowadays, we only issue national priority documents in paper, except those ones via DAS.
If a priority document in paper has sequence listings in ST26 format, we print the sequence listings and attach it to the description, as a part of it.
In the future, we plan to issue electronic priority documents and we are considering the solution of providing a ZIP file that include an XML file with the ST.26 sequence listings and a PDF file with the description, the claims and the drawings. 
AustraliaWe convert the ST.26 XML format sequence listings to PDF and merge this with the national priority pdf document. As of February 2023, a stylesheet is used to transform the ST.26 XML sequence listing into a more readable format. 
CanadaFor industrial designs: Not applicable given that ST26 appears to relate to sequence listing in patent applications.
CanadaWe are still waiting on CWS (actively participating on CWS) on a standardized way to transmit the ST. 26 compliant sequence listings before we develop an implementation plan.
ChileIt´s not yet implemented, it's part of big project that is just getting started to rise in the long term that has to do with digitization and XML.
INAPI receives sequence listings in PDF file in PCT national phase and as RO PCT in format ST.26.
ColombiaAt the moment, the XML ST26 format has not been implemented in our Office, so it is not possible to answer this question.
BelgiumThis is not yet implemented.
GermanySo far for paper, XML gets printed, not ideal, looking into alternative methods. For electronic via DAS; we are looking into providing electronic access, (i.e. sheet insert with details how to download/access SEQL), similar to what IB does. Alternative looking into CWS/SEQL Task Forces conversion style sheets to human readable form. Waiting what will be decided for new DAS API.
Republic of KoreaKIPO plans to adopt the common ST.26 XML format which the CWS is currently working on.
Japan

In order to receive the priority documents in ST26 XML format, it requires to modify the JPO’s system and will need significant costs. We are very concerned about this point. Under the JPO's current system, even if priority documents are sent to the JPO in XML format, the JPO's system cannot process them. Therefore, even if the Office of first filing send PD response with a priority document in XML format to the JPO (Office of second filing) successfully, the JPO's current system cannot process it and the Office of first filing has to send a priority document in PDF format to the JPO later.

ChinaCurrently CNIPA only supports PDF format during issuing and retrieving priority documents, including priority documents which contain ST.26 sequence listings. As regards issuing national priority documents using the ST.26 XML format, considering the various operation possibilities, CNIPA needs further analyses based on the new standard. Meanwhile, the smallest system change would be preferred when realizing the function
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