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Questions about WIPO DAS

Here you will find a selection of frequently asked questions and answers on the subject of (electronic) priority documents

What is a priority document?

A priority document is the copy of an earlier application certified as correct by the authority which received such application. It serves to prove the date of filing of a patent in one country and to allow the filing of the invention in other countries within 12 months, retaining the date of the first filing.

Upon request, the DPMA will certify that copies of the application documents of a patent, utility model, trade mark or design application are true copies of the documents filed on the date of filing, stating the date of filing and the name of the applicant/IP right owner.

What is WIPO DAS?

The WIPO Digital Access Service (WIPO DAS) of the World Intellectual Property Organization (WIPO) is a system allowing electronic priority documents to be securely exchanged. This means that the offices participating in the service as Offices of first filing can deposit the documents in a digital library provided by WIPO and that Offices of second filing can retrieve these documents.
For detailed information on DAS, please see the WIPO website.

When will it be possible to use WIPO DAS via the DPMA?

The DPMA started to participate in WIPO DAS as "depositing Office" with respect to patents and utility models on 25 November 2024.

In which form does the DPMA participate in WIPO DAS?

Initially, the DPMA participates as "depositing Office". This means that, upon request, priority documents concerning patent and utility model applications filed with the DPMA are deposited in WIPO DAS.

What are the benefits of the DPMA's participation in WIPO DAS?

Customers can request the DPMA to provide an electronic priority document free of charge. This document will then be made electronically available to the Offices of second filing. Compared with a priority document on paper, this saves cost and time.

How do I request that my priority document be uploaded to WIPO DAS?

Please use the completed form A 9164 to request that a priority document be made available in WIPO DAS.

How do I know that the DPMA has deposited a priority document in WIPO DAS?

The DPMA will provide the person filing the request (applicant or representative) with a confidential access code. This access code can be used worldwide to request other Offices of second filing that participate in WIPO DAS as "accessing Offices" to retrieve the priority document.

How do I receive the access code?

If you are registered in DPMAdirektPro to receive documents electronically, you can receive the access code electronically. Otherwise, the access code will be sent by post.

Can the DPMA download priority documents uploaded by foreign offices from WIPO DAS?

No, the DPMA currently does not participate in WIPO DAS as accessing Office. The preparations for participating also as accessing Office are currently underway.

Which offices do participate in WIPO DAS?

A list of the offices participating in WIPO DAS is available on the WIPO website.

Will priority documents on paper still be available after the introduction of the WIPO DAS interface?

Yes. It will still be possible to request priority documents on paper using form A 9165. Unlike the free request via WIPO DAS, the preparation of paper documents is subject to a fee.

What are the costs for a priority document in WIPO DAS?

The request is free of charge.

What are the costs for a paper priority document?

A priority document in paper form costs 20 euros.

What is the difference between application form A 9164 for an electronic priority document and application form A 9165 for a paper document?

In form A 9164, a consent under data protection law and an IT security statement by the user as well as a declaration of consent under patent and utility model law must be given for the participation in WIPO DAS.

Can I also request a priority document for trade marks and designs in WIPO DAS?

Currently, the service is only available for patents and utility models.

I requested the DPMA to issue a priority document using form A 9165 before 25 November 2024. Can I withdraw this request and replace it with a free request to deposit the priority document in WIPO DAS?

You can withdraw the request and use form A 9164 to file a new, free of charge request to deposit the priority document in WIPO DAS.
The fee for an A 9165 request (request to issue a paper document) does not have to be paid if the priority document has not yet been issued.
The fee must be paid if the priority document has already been issued.

Where can I learn more about WIPO DAS?

Image: iStock.com/triloks

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