Key terms Patent Act Term #13: Priority Document

1. Term #13
Priority Document/
DAS Code
Key Terms of Indian Patents Act
Ms Bindu Sharma, Founder & CEOSpeaker
Indian Patents Act 1970
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2. Priority Document
• A certified copy of the earlier-
filed patent application.
• It has seal of Indian Patent
office.

3. Why is Priority
Document needed?
• PCT/Convention country wants copy of
specification certified by the Controller to
authenticate contents of specification,
application number and priority date along
with other details.
• Sometime investors want to see certified copy
of patent application before releasing funds,
specially when patent application is not yet
published and they want to be sure about
existence of patent application.

5. Priority Document
• Priority document shall be
submitted by the applicant at the
time of filing PCT as well as
convention application.
• The request to obtain Priority
document shall be made in the
national office of the applicant, filing
where he claims priority.

6. U/R 21 [Filing of
Priority Document]
• Priority document shall be obtained
from the national office and shall be
submitted by the applicant at the time of
filing PCT application.
• Where priority document is not in
English language, an English translation
of it, duly verified by the applicant or the
person duly authorized by him shall be
filed.

7. U/R 19 [International applications filed
with appropriate office as receiving office]
• International application shall be submitted in
triplicate along with prescribed fee.
• On receipt of a request from the applicant and
on payment of the prescribed fee by him, the
appropriate office shall prepare a certified copy
of the priority document and promptly transmit
the same to the International Bureau of World
Intellectual Property Organization(WIPO) for the
purpose of an international application filed
with the appropriate office with an intimation
to the applicant and the head office.

8. Priority Document
The fee for preparation of certified
copy of priority document and for
transmission of the same to the
International Bureau of World
Intellectual Property Organization is
1000 INR, 2500 INR and 5000 INR for
natural person/Start up, MSME and
Others respectively.

9. U/S 138 [Supplementary provisions
as to convention applications]
• Priority document should be
submitted within three months
from the date when required by
the Controller.
• If the document is not in English,
then a translated copy should be
furnished.

10. Digital Access Service Code
• Instead of getting hard copies of Priority
Document, you may request IPO to provide
the code unique for each priority application
and the code can be shared with second filing
office (Convention or PCT).
• One can request for preparation and
transmittal of DAS Code so that IPO will share
directly with WIPO once as PCT Application
Number is provided at the time of filing
request.

11. Digital Access Service Code
• One can request DAS code in
advance and enter it in the PCT
application while filing.
• IPO may share DAS Code directly
with WIPO as well as with
registered email ID.
• Priority document/DAS Code
should be submitted to PCT within
16 months from the date of
priority.

12. Digital Access Service Code
Upon request, DAS code is sent to registered email ID of patent agent
DAS service is available only for participating states (member countries for DAS service)
and in Indian Patents Act after 2018 amendment, there is a provision for DAS Code
Form 30
Its free of cost and you save courier charges as well.

13. Question
The fee for requesting certified copy of
the patent or priority document, for a
start up company is:
a. 1000 INR
b. 2500 INR
c. 5000 INR
d. 7500 INR

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