KIPO has Commenced Online Exchange Service of Certified Priority Documents with USTPO

December 29 2008 |

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On October 14, 2008, the Korean Intellectual Property Office ("KIPO") commenced a new system that enables online exchanges of certified priority documents between KIPO and the United States Patent and Trademark Office ("USPTO"). The same services have already been practiced with the European Patent Office and the Japan Patent Office, and shall be extended with other Intellectual Property Office such as, e.g. China.

The electronic exchange of documents between intellectual property offices is to leverage the convenience of foreign applicants by negotiating agreements with other Patent Offices, permitting the Offices to obtain and provide electronic copies of priority documents.

The online exchange service is available for any patent and utility model application claiming priority under the Paris Convention.

In filing a patent or utility model application claiming priority under the Paris Convention, the applicant shall make a note of the priority information, in the corresponding Korean application, such as the name of country, the serial number and the date of filing of the first filed application. The applicant is no longer required to submit to the KIPO the hard copy of the priority document. However, if the U.S. application upon which priority is claimed has not been published, the applicant must submit a “form requesting the electronic exchange of priority document” to the USPTO. The “form requesting the electronic exchange” means PTO/SB/39(Authorization to permit access to application by participating offices), which is obtainable at http://www.uspto.gov/web/forms.

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