How can I use the WIPO Digital Access Service (DAS) for priority documents in international design applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The WIPO Digital Access Service (DAS) can be used to facilitate the exchange of priority documents in international design applications. According to MPEP 2920.05(d):

“Pursuant to Administrative Instruction 408, a priority claim made in accordance with Hague Agreement Rule 7(5)(c) may be accompanied by a WIPO Digital Access Service (DAS) access code, if available. The official form for the application for international registration (the DM/1 form or the electronic interface of the International Bureau’s electronic filing system having the same contents and format as the DM/1 form) includes a field in the priority claim section to provide the WIPO access code.”

To use WIPO DAS:

1. Provide the WIPO DAS access code in the priority claim section of the international design application.
2. If not provided initially, submit the access code in a corrected application data sheet (37 CFR 1.76(c)) or using Form PTO/SB/38.
3. The USPTO will attempt to retrieve the priority document automatically via WIPO DAS.

It’s important to note that applicants are still responsible for ensuring the priority document is filed during the pendency of the application and before the patent is issued.