Newsletter
Implementation of the Taiwan–U.S. Patent Priority Document Exchange (PDX) Service
Implementation of the Taiwan–U.S. Patent Priority Document Exchange (PDX) Service
The Intellectual Property Office of the Ministry of Economic Affairs of Taiwan (hereinafter referred to as the “TIPO”) and the United States Patent and Trademark Office (USPTO), pursuant to the “Taiwan–U.S. Memorandum of Understanding on Secure Exchange of Patent Information” signed on November 22, 2023, formally launched the “Taiwan–U.S. Patent Priority Document Exchange” (Priority Document Exchange, PDX) service on September 4, 2026.
The United States has long been the top foreign jurisdiction for Taiwanese patent applicants, with approximately 20,000 filed each year. Conversely, Taiwan receives approximately 7,000 patent applications per year from the U.S., making it the second-largest foreign applicant in Taiwan after Japan. Under this electronic exchange mechanism, applicants from Taiwan and the United States claiming priority rights may declare the use of electronic exchange and provide the access code of the priority application to enable direct electronic exchange of priority documents between the TIPO and USPTO, thereby eliminating the need for applicants to submit paper priority documents separately. This arrangement not only simplifies cross-border patent filing procedures but also helps save time and cost associated with preparing and delivering paper documents.
Listed below are some of the key criteria and procedures under the “Operational Guidelines for the Taiwan–U.S. Electronic Exchange of Priority Documents” announced by TIPO:
1. Where the TIPO fails to obtain the correct electronic copy of the priority document within the statutory period due to causes not attributable to the applicant, such as network transmission issues or system malfunctions, the document shall be deemed to have been duly submitted within the statutory period if it is subsequently obtained through coordination between TIPO and the USPTO.
2. Where the TIPO fails to obtain the correct electronic copy of the priority document due to causes attributable to the applicant, such as errors in the access code or in the information of the basic application provided by the applicant, the TIPO shall notify the applicant to rectify the information or submit the paper priority document within two months. If the applicant fails to rectify the information or submit the paper document within the prescribed period, the priority document shall be deemed not to have been submitted.
3. Applicants who completed filing before September 4, 2026 but have not yet submitted the paper priority document may also apply for the electronic exchange of priority documents.
In summary, the implementation of the Taiwan–U.S. Priority Document Exchange mechanism is expected to improve the efficiency of patent document transmission between Taiwan and the United States and further enhance the convenience and effectiveness of cross-border patent filing procedures.