By Christopher P. Singer --
We have learned from one of our foreign associates that the Korean Intellectual Property Office (KIPO) announced that it will launch an online priority document exchange (PDX) service with the U.S. Patent and Trademark Office (USPTO) beginning on October 14, 2008. The KIPO has a similar PDX program in effect with the Japanese Patent Office (JPO) as well as with the European Patent Office (EPO).
Under the program, a patent application or a utility model application that is filed with the KIPO on or after October 14, 2008 that claims priority from a patent application filed with the USPTO can avoid having to supply a hardcopy of the priority document to the KIPO upon meeting either of the following conditions:
(1) If the priority application (i.e., the US application) has already been published in the U.S.; or
(2) If, in case of a non-published application, the "Authorization to Permit Electronic Access to Application(s)" (Form PTO/SB/39) of the U.S. application has already been submitted to the USPTO.
As the KIPO requires submission of the priority document within 16 months from the earliest priority date, either of the above conditions needs to be satisfied before the 16 month time limit. At the present time, the KIPO and the USPTO are still discussing whether to apply the PDX program to applications which have been filed with the KIPO before October 14, 2008.
For additional information on related topics, please see:
• "USPTO and KIPO Sign Memorandum on Cooperative Patent Examination," September 24, 2008
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