On September 4, 2026, the Taiwan Intellectual Property Office (TIPO) officially launched the electronic exchange of patent priority documents (PDX) with the United States Patent and Trademark Office (USPTO).[1]

  Taiwan is not a PCT contracting member, and thus the WIPO DAS codes are not applicable. TIPO accepts an electronic copy of priority document to support a priority claim, when an application is first filed in a foreign jurisdiction and then later filed in Taiwan within the 12-month Convention priority period. In recent years, TIPO had successfully signed bilateral agreements with JPO and KIPO respectively to establish a direct and electronic transmission mechanism to exchange patent priority documents.

  With the efforts of the two offices, a new PDX program is officially established between TIPO and USPTO where applicant can easily satisfy the priority document requirement by submitting an Access Code, to eliminate the administrative burden and the costs of ordering copies.

  STEP-BY-STEP PROCEDURES (TIPO as the Second Office)

  1. Obtain the USPTO Access Code: Retrieve the Access Code for the US priority application directly from the USPTO.

  2. File with TIPO and Claim Priority: When submitting the patent application to TIPO, indicate the US priority claim and provide the corresponding USPTO Access Code, as an alternative to a copy of the printed or electronic priority document.

  3. Meet the Statutory Deadlines: If not at the same time of application filing, the Access Code must be provided within the statutory deadlines for corresponding Taiwan patent types:

  • Invention Patents: Within 16 months from the earliest priority date;

  • Utility Models: Within 16 months from the earliest priority date; and

  • Design Patents: Within 10 months from the earliest priority date.

  4. Automated Inter-Office Exchange: TIPO inputs the filing date, application number, patent type, and Access Code into a priority claim list and transmits it electronically to the USPTO for retrieving the dossier.

  EXCHANGE DISRUPTION & ERRORS

  If TIPO fails to retrieve the priority document within the statutory period, the legal remedy depends on whether the issue is attributable to the applicant.

  RETROACTIVITY

  Patent applications filed in Taiwan before September 4, 2026, and pending priority document submission are also eligible to utilize this PDX program retroactively.

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