Home PatentsPriority Document Access Service (DAS)
Priority Document Access Service (DAS)
The Priority Document
Access Service (DAS) is a service established and administered by the International
Bureau of the World Intellectual Property Organization (WIPO). It enables a patent applicant claiming
priority from an earlier application to rely on a copy of the priority document held in, or accessible
via, the Service, rather than having to provide a certified copy separately to each Patent
Office with which a patent application claiming priority is filed.
The DAS offers a simple and secure digital alternative to filing paper copies of priority documents
with multiple Patent Offices. Through the service a patent applicant claiming priority can have an
electronic certified copy of their original application included in a secure digital library and allow
selected participating
offices to access the document via the service. Participation in the service is voluntary for Patent
Offices and for applicants.
Legal framework
The (WIPO)
Priority Document Access Service has
been established in accordance with the Framework
Provisions for the Digital Access Service for Priority Documents , by the International Bureau
in accordance with a decision of the Paris Union Assembly, the PLT Assembly and the PCT Union
Assembly and the recommendations of the Working Group on the Digital Access Service for Priority
Documents. Use and access to documents available under the service are governed by that framework
and the laws applying to each participating office.
IP Australia has amended the Patent Regulations 1991 to enable it to both transmit and receive
priority documents to and from approved digital libraries.
Availability and benefits of DAS
From 12 December 2009 patent applicants will be able to request IP Australia to send their priority
document to WIPO’s digital library in order to meet their obligations in supplying a certified
copy of their Australian priority document to each participating Patent Office with which a patent
application claiming priority from the Australian priority document filed. This has the potential for
significant cost savings to applicants as they may not need to order and arrange for the filing of
multiple copies of the same priority document.
Applicants who have filed a patent application with IP Australia relying on foreign priority may also
be able to meet any obligations to supply a certified copy of their priority document by providing
IP Australia with access to a copy of their priority document through DAS.
As of the 1st of January 2010, the International Bureau (IB) and the Australian Receiving Office RO/AU
are able to retrieve priority documents through the WIPO Digital Access Service for Priority Documents
(DAS). This means that once the document in question has been submitted to DAS and the IB or RO has
been granted access via the applicant portal, a PCT applicant can request the IB or RO to retrieve
a copy of the priority document from DAS for the purposes of the PCT. Further information on using
DAS for PCT applications can be found on the WIPO
web site.
Please note that the use of DAS is not compulsory and the normal processes for the supply of priority
documents to the IB still apply. This includes the ability to request the Australian
RO to supply certified copies of priority documents filed with it to the International Bureau.
How the system will operate
The processes described below are those which will be applied in IP Australia. For details of how
the service will be applied in other participating Patent Offices please refer to their respective
web sites.
The Patent Office with which a priority application is first filed is referred to as the Office
of First Filing (OFF). To participate in DAS the applicant must request
a certified copy of their AU priority document (either a provisional or complete specification) be
sent to WIPO’s digital library by submitting a completed request
form. Following receipt of the request, IP Australia will create a certified copy of the
priority document and electronically transfer it to WIPO via a secure data exchange. The document
will be held by WIPO in a secure database. WIPO will acknowledge receipt of the document by supplying
the applicant with a unique access code. Using this access code the applicant can authorise, via
a web portal, participating offices
to access the priority document(s) deposited.
Where a patent application is filed in Australia relying on foreign priority there is no requirement
to provide a certified copy of a foreign priority document unless requested by IP Australia. However
if IP Australia later requests access to the document the applicant will be able to meet this obligation
by advising IP Australia that the priority document is available from the DAS.
Fees
The standard fee for
creating a certified copy of a priority document will still apply. However by using this service
applicants may not need to order and pay for multiple copies of the one priority document.
IP Australia will not be charging any additional fee for sending the priority document to or retrieving
the priority document from WIPO’s digital library using the Priority Document Access Service.
Further information
For further information regarding DAS please refer to Frequently Asked Questions or contact
the Customer Service Centre
Phone: 1300 65 1010
Fax: (02) 6283 7999
Email: assist@ipaustralia.gov.au
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