Digitalization in patent law: DPMA joins WIPO DAS
Since November 25, 2024, the German Patent and Trademark Office (DPMA) has been part of the Digital Access Service (DAS) of the World Intellectual Property Organization (WIPO). This significantly simplifies the international filing of patents and utility models. For companies and applicants, this means one thing above all: less effort, faster procedures and more reliable transmission of priority documents.
What is the WIPO DAS?
The WIPO Digital Access Service (DAS) is an international system for the digital provision of priority documents. Instead of sending the necessary documents for patents or utility models in paper form by post or courier, they are deposited electronically in the WIPO DAS system. With a confidential access code provided by the DPMA after deposit, subsequent filing offices worldwide can access the documents directly.
Previously, priority documents for applications in the USA, for example, often had to be sent by courier - a process that not only cost time and nerves, but also incurred additional fees. With the DPMA joining WIPO DAS, this effort is no longer necessary for many application procedures. This means that applicants not only save valuable time, but also costs for international document delivery.
How does the procedure work?
1. Electronic filing: As of November 25, 2024, applicants can apply to the DPMA to deposit their priority documents electronically in the WIPO DAS. This is done using form A 9164. The filing is free of charge for applicants, in contrast to the previous paper form, for which fees were charged.
2. Access Code:
After the filing, the DPMA provides the applicant with a confidential access code. This code acts as a key with which international patent offices can securely access the deposited priority documents.
3. Retrieving the documents:
The subsequent filing office – such as the USPTO in the USA – can obtain the documents directly and securely via the WIPO DAS system. Subsequent submission of physical documents is therefore no longer necessary in many cases.
The advantage of this digital process is obvious: the time delay caused by shipping is eliminated and there are no longer any problems with lost or faulty documents. In addition, electronic transmission guarantees a consistently high quality of the priority documents.
DPMA starts as depositing office
With the launch on November 25, 2024, the DPMA will initially take on the role of a depositing office. This means that it can provide priority documents electronically, which are retrieved by other offices. It is not yet possible to retrieve priority documents from other countries in the current phase, but this will also be implemented in the future. The DPMA plans to gradually expand its role in the WIPO DAS in order to further simplify the process for international applications.
What does this mean specifically for applicants?
For international applications for protection rights, the DPMA's new procedure opens up a much more efficient way of asserting priority claims. The entire process is significantly accelerated and simplified, particularly in countries such as the USA, where the submission of priority documents is mandatory.
Digital storage and secure retrieval ensure that priority documents are always reliably available – without additional shipping costs or potential delays.
