Announcement on Implementation of Automatic Electronic 
Exchange of Priority Documents between P.R. China 
and United States of America

Announcement of State Intellectual Property Office (SIPO)
No. 206

In order to facilitate the procedure of claiming priority by patent applicants and improve the efficiency of patent examination, according to Article 31 of the Implementing Rules of Patent Law of P.R. China, as well as the agreement reached by SIPO and U.S. Patent and Trademark Office (USPTO), SIPO implemented China-US Automatic Electronic Exchange of Priority Documents from October 8, 2014. The related matters are announced as follows:

After filing the patent application with SIPO for the first time, when the applicant files the patent application on the same subject matter with USPTO and requests priority of the first application, USPTO will automatically obtain the copy of the earlier application document from SIPO.

After filing the patent application with USPTO for the first time, when the applicant files the patent application on the same subject matter with SIPO and requests priority of the first application, SIPO will automatically obtain the copy of the earlier application documents from USPTO.

When SIPO obtains the copy of the earlier application documents through this service, it would be deemed that the applicant has submitted the copy of the earlier application documents in accordance with the provisions of Article 30 of the Chinese Patent Law. If SIPO fails to obtain the copy of the earlier application documents within the period specified in Article 30 of the Chinese Patent Law, SIPO shall notify the applicant timely. The applicant shall, within two months from the date of receipt of the notification, submit the copy of the earlier application documents certified by USPTO.

This service is available for patent applications for invention or utility model filed on or after October 8, 2014, nevertheless it could not be applied to international applications filed on the basis of Patent Cooperation Treaty (PCT) or priory is claimed on the basis of an international application.

From the date of implementation of this service, SIPO will stop to obtain the priority documents of the first application filed with USPTO through Digital Access Service (DAS).

SIPO will not charge fees for the offering of this service.

Notice is hereby given.

State Intellectual Property Office of P.R. China 
September 29, 2014

Note:
For Chinese version, please refer to:
http://www.sipo.gov.cn/zwgg/gg/201410/t20141008_1018704.html