Home PatentsPriority Document Access Service (DAS)FAQ
Priority Document Access Service (DAS) - Frequently Asked Questions
What is the Priority Document Access Service (DAS)?
This service provided by the World Intellectual Property Organization (WIPO) offers a simple and safe digital alternative to filing paper copies of priority documents with multiple Patent Offices. It enables a patent applicant claiming priority to ask IP Australia to transmit an electronic copy of their priority document (a certified provisional or complete specification) to a digital library and to provide access to the document to selected participating Patent Offices via the service.
Who can use the service?
The use of the service is voluntary for both applicants and Offices. Offices that opt to participate
in the service inform the WIPO of their intention to do so, and WIPO makes this information available
via its website. A regularly updated list of participating
offices is available.
What are the advantages for applicants?
If an applicant files priority applications in many countries, they will not have to request and pay for multiple copies of paper priority documents, wait for them to arrive and send them to their agents in each country to pass on to the relevant Offices. The applicant can simply request the Office of first filing to deposit the patent application in the digital library. The applicant can then decide to make it available via the web portal to any participating Office.
How do I request a copy of my AU priority document to be sent to the DAS?
All you need to do is fill out the Request to Transmit Priority Documents for the Priority
Document Access Service (DAS) form, and send it to IP Australia along
with our standard fee for preparing a certified copy of the priority
document. Please note that IP Australia will not transmit the priority document until this completed
form and payment is received.
How will I know when my priority document has been submitted to the DAS?
You will receive an email from WIPO with your access code. You will be able change the access code
generated by the service to a code of your own choice using the Update Control Code tab at the top
of the Access Control List screen of the web
portal.
How are priority documents made available via the service?
After receiving the access code from WIPO the applicant is able to manage the list of participating Offices authorized to access the document through the web portal.
How are priority documents to be retrieved from the service?
The applicant will claim priority in exactly the same way as they currently do, but instead of sending a priority document to the Office of second filing, the applicant will authorise the Office to retrieve a copy for itself. The applicant will do this by actively controlling which Offices have access to the document through the web
portal.
What happens if I lose my Access Code?
If you lose your access code you will need to contact WIPO directly to arrange a new one.
Can I use the DAS to meet priority document requirements under the PCT?
Unfortunately, the terms of Rule 17.1(b-bis) are
such that WIPO needs to make some changes to the Administrative Instructions to fully recognise the
service. However it is expected that these changes will be made in early 2010. IP Australia will advise
customers when these changes have been implemented.
Current arrangements for the applicant to request the Australian Receiving Office to supply certified copies of the priority document to the International Bureau will continue.
Can I use the Access Code to view my priority documents in the digital library, for example to check that the correct document has been filed?
Not at the current time.
What if things go wrong?
The service is designed to be very reliable and to cope with short periods where the systems of WIPO or any Office become unavailable. The legal framework governing the operation of DAS provides safeguards for applicants to protect their rights in cases where a document has been made available but cannot be retrieved for some reason in the required timeframe.
What happens if IP Australia finds that the priority document is not available to it via the DAS?
If in response to a request for a priority document you make the document available to IP Australia via the DAS but IP Australia finds that the priority document is not infact available to it via the DAS, IP Australia will write to you and give you two (2) months to furnish the priority document as a paper copy or to ensure that the priority document is available via the DAS.
What if I have filed an application with a foreign Patent Office that does not participate in the service?
Participation in the service is voluntary. If you have filed with an office that is not one of the participating
offices the normal processes for filing priority documents with that Office apply.
How will confidentiality be ensured?
The confidentiality of priority documents that are not yet publicly available will be ensured via an access control list within the service monitored by the patent applicant. An applicant requesting a certified copy of a priority document to be made available via the service will receive an access code via email from WIPO. This access code will enable the patent applicant to maintain control over access to the document to specify which Offices should have permission to access the priority document.
Please n ote however that the documents may be made available to the general public without further authorisation, including on the internet, when disclosure of that information to the public is required or permitted by the law applying to any Office to which access has been authorised. Usually this will occur 18 months from the earliest priority date claimed.
What does the service cost?
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. The service of sending and retrieving documents using the DAS will be offered for free.
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