USPTO and KIPO Begin Electronic Priority Document Exchange Program

The Director of KIPO has announced that, as of October 14, 2008, KIPO will finalize the establishment of the priority document exchange system and implement the exchange program between the USPTO and KIPO.

Through this on-line exchange program, applicants will be relieved from the inconvenience of having to obtain paper copies of priority documents and mailing them overseas. Furthermore, KIPO will benefit from increased administrative productivity through simplified electronic procedures and reduction of administrative costs in handling paper copies.

According to KIPO, this exchange program will be applied to patent and utility model applications for which priority is claimed under the Paris Convention and also the requirement to submit priority document in paper will be waived. In order to benefit from this waiver, the applicant has to state the priority application number on the application or submit the priority document submission form with KIPO. If a U.S. priority application has not been published, the applicant has to submit a written authorization to the USPTO to release the application to the participating office for the exchange.

KIPO plans to expand the exchange program onto China and it expects increase in administrative effectiveness as a result of adding USPTO to JPO and EPO that are currently implementing the exchange program with KIPO.

Glossary
Written authorization to the USPTO to release the application refers to the USPTO form PTO/SB/39 (Authorization to permit access to application by participating offices) that permits the USPTO to forward priority application to participating offices. This form can be obtained at http://www.uspto.gov/web/forms.