Digitization 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 mail or courier, they are deposited electronically in the WIPO DAS system. Using a confidential access code provided by the German Patent and Trademark Office (DPMA) after deposit, subsequent filing offices worldwide can access the documents directly.

Previously, priority documents for applications in the US, for example, often had to be sent by courier – a process that not only cost time and effort, but also incurred additional fees. With the DPMA's accession to WIPO DAS, this effort is completely eliminated for many application procedures. This saves applicants not only valuable time but also the costs of international document delivery.

How does the process work?

1. Electronic filing: Applicants can request the DPMA to deposit their priority documents electronically in WIPO DAS starting November 25, 2024. This is done using form A 9164. Filing is free of charge for applicants, unlike the previous paper filing, which required fees.

2. Access Code:

After filing, the DPMA provides the applicant with a confidential access code. This code serves as a key that international patent offices can use to securely retrieve the filed 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 thus no longer necessary in many cases.

The advantage of this digital process is obvious: The time delays caused by mailing are eliminated, and there are no longer any problems with lost or incorrect documents. Furthermore, electronic transmission guarantees consistently high quality of the priority documents.

DPMA starts as depositing office

Starting on November 25, 2024, the DPMA will initially assume the role of a depositing office. This means it can provide priority documents electronically, which can be retrieved by other offices. Independent retrieval of priority documents from other countries is not yet possible in the current phase, but will also be implemented in the future. The DPMA plans to gradually expand its role in WIPO DAS to further simplify the process for international applications.

What does this mean specifically for applicants?

For international IP applications, the DPMA's new procedure offers a significantly more efficient way to assert priority claims. This significantly accelerates and simplifies the entire process, especially in countries like the USA, where the submission of priority documents is mandatory.

Digital deposit and secure retrieval ensure that priority documents are always reliably available – without additional shipping costs or potential delays.