Furnishing Priority Document for a PCT Application

There are instances where the WIPO Digital Access Service (DAS) access code may not be available at the time of filing a PCT application. A typical example is when the depositing office has not yet deposited the priority document into WIPO DAS upon expiry of the priority term.

The WIPO DAS access code is essential for retrieving priority documents electronically from WIPO DAS. Fortunately, the WIPO has instituted a user-friendly solution through the ePCT system. ePCT allows the eOwner to initiate the retrieval of the priority document by performing the action “Obtain priority document from DAS” to effect retrieval of the priority document within the time period of R. 17.1(b-bis). The eOwner can simply log into their ePCT account and initiate the retrieval of the priority document.

GPTO becomes WIPO DAS depositing office

The German Patent and Trademark Office (GPTO) started acting as depositing office for WIPO DAS effective 25 November 2024. Additional information can be found in the official notice from the president and on the WIPO DAS country website.

Two notes for practitioners: First, as of now, only patent and utility model applications will be deposited by the GPTO in WIPO DAS. Hopefully this will be extended to design and trademark applications later. Second, the process for requesting deposition in WIPO DAS is different from, e.g., the process known to European practitioners from EPO and EUIPO priority applications: For priority applications filed with the GPTO, it is required to file a separate request using Form A9164 after the application has been filed. Please find a link to the version of Form A9164 available as of writing this blog contribution .