[Patentpractice] Traps for the Unwary When Filing PCT With 119a-d foreign priority claim?

Timothy Snowden tdsnowden at outlook.com
Tue Oct 21 13:00:10 UTC 2025


I've been able to request Chinese DAS codes before issue, but I believe 
Chinese counsel has to request the CNIPA to deposit the application and 
give a DAS code. IIRC, it costs money to do that.

Here's a good article: China DAS Code: Access Electronic Priority 
Documents – GBA IP LAWYER <https://www.gbaiplawyer.com/das-code-in-china/>

On 10/21/2025 7:52 AM, Flash via Patentpractice wrote:
> Sorry if this is the wrong listserv. On my phone with limited 
> selectivity.
>
> Is anyone else having trouble getting a DAS access code for a Chinese 
> utility application?
> I’m being told that the code isn’t made available until the patent 
> issues, which doesn’t sound right.  It’s coming to me through 
> non-practitioners, which may be the problem of course. I’m not (yet 
> anyway) in touch directly with Chinese patent counsel.
> But finding a work around is proving difficult.  Any suggestions?
>
> Guy Vincent Manning
> guyvmann at flash.net
>
>
>> On Oct 17, 2025, at 2:36 PM, Carl Oppedahl via Patentpractice 
>> <patentpractice at oppedahl-lists.com> wrote:
>>
>> 
>>
>> What you are doing is smart.  It probably gets you some extra US 
>> patent term.
>>
>> You didn't say which RO the PCT application was filed in.  Maybe the 
>> RO is a depositing office in the DAS system.
>>
>> On 10/17/2025 1:28 PM, Jeffrey S. Kapteyn via Patentpractice wrote:
>>>
>>> A PCT was filed less than one year ago and the PCT does not claim 
>>> priority to any prior applications.
>>>
>>> When filing a U.S. 111a application with a foreign priority claim 
>>> under 119a-d to the PCT in this situation, are there any traps for 
>>> the unwary?
>>>
>>> I’m assuming one lists the PCT in the Foreign Priority section of 
>>> the ADS so it is not a bypass.
>>>
>>> For example, what qualifies as a “certified copy” of the PCT 
>>> Application?
>>>
>>
>> -- 
>> Patentpractice mailing list
>> Patentpractice at oppedahl-lists.com
>> http://oppedahl-lists.com/mailman/listinfo/patentpractice_oppedahl-lists.com
>
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