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|Top of Notices (164) December 25, 2012||US PATENT AND TRADEMARK OFFICE||Print This Notice 1385 CNOG 885|
|Benefit Claims, Priority, Electronic Exchange of Documents||Referenced Items (162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175)|
(164) Addition of World Intellectual Property Office as Participating Foreign Intellectual Property Office in Electronic Exchange of Priority Documents In January 2007, the United States Patent and Trademark Office (USPTO) implemented a procedure for direct electronic priority document exchange with participating foreign intellectual property offices. See Changes to Implement Priority Document Exchange Between Intellectual Property Offices, 72 FR 1664 (January 16, 2007), 1315 Off. Gaz. Pat. Office 63 (Feb. 13, 2007) (final rule). The USPTO established agreements to obtain and provide priority documents with the European Patent Office (EPO) as of January 16, 2007, with the Japan Patent Office (JPO) as of July 28, 2007, and with the Korean Intellectual Property Office (KIPO) as of October 14, 2008. Through the electronic priority document exchange (PDX) system, the USPTO attempts to electronically retrieve a copy of any EPO, JPO, or KIPO priority document to which priority is claimed in a U.S. application filed under 35 U.S.C. 111(a). See Simplification of the Electronic Exchange of Priority Documents, 1319 Off. Gaz. Pat. Office 150 (June 26, 2007), Addition of Japan Patent Office as Participating Foreign Intellectual Property Office in Electronic Exchange of Priority Documents, 1320 Off. Gaz. Pat. Office 173 (July 31, 2007), and Addition of Korean Intellectual Property Office as Participating Foreign Intellectual Property Office in Electronic Exchange of Priority Documents and Further Procedural Information, 1336 Off. Gaz. Pat. Office 94 (Nov. 11, 2008). In these situations, the requirement for the certified copy of the foreign application is considered satisfied if the requirements of 37 CFR 1.55(d)(1)(ii) and (iii) are met. Effective as of April 20, 2009, the World Intellectual Property Office (WIPO) has become the fourth foreign intellectual property office to participate in the PDX system. See 37 CFR 1.14(h) and 1.55(d). The USPTO now has the ability to begin electronically retrieving priority documents from the WIPO through the Digital Access Service (DAS) for Priority Documents. Similarly, the WIPO also has the ability to electronically retrieve U.S. priority documents from the USPTO through the DAS. Offices participating in the DAS may deposit priority documents as an office of first filing and/or may access priority documents as an office of second filing. The WIPO will maintain a list of offices on the WIPO Web site at http://www.wipo.int/patentscope/en/pdocforum/participating.html. Additional information regarding the DAS can be found on the WIPO Web site at http://www.wipo.int/patentscope/en/pdocforum/index.html. Additional guidance and procedures regarding electronic priority document exchange can be found on the USPTO Web site at http://www.uspto.gov/web/patents/pdx/pdx.html. For further information please contact one of the individuals identified below: Don Levin OR Tamara Graysay OR Mark Polutta TDA Project Manager Special Program Examiner Senior Legal Advisor United States Patent United States Patent United States Patent and Trademark Office and Trademark Office and Trademark Office 571-272-3785 571-272-6728 571-272-7709 PDX@uspto.gov PDX@uspto.gov PDX@uspto.gov June 1, 2009 JOHN J. DOLL Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office [1343 OG 347]