World Intellectual Property Organization

Amendments of the Regulations under the Patent Law Treaty (PLT)

The first session of the PLT Assembly, which was held during the forty-first series of meetings of the Assemblies of the Member States of WIPO from September 26 to October 5, 2005, adopted amendments of Rules 3(1) and 6(3) of the Regulations under the PLT. Those amendments entered into force on January 1, 2006.

The amended texts of those provisions are as follows:

Rule 3
Details Concerning the Application Under Article 6(1), (2) and (3)

(1) [ Further Requirements Under Article 6(1)(iii)] (a) A Contracting Party may require that an applicant who wishes an application to be treated as a divisional application under Rule 2(6)(i) indicate:

(i) that he wishes the application to be so treated;
(ii) the number and filing date of the application from which the application is divided.

(b) A Contracting Party may require that an applicant who wishes an application to be treated as an application under Rule 2(6)(iii) indicate:

(i) that he wishes the application to be so treated;
(ii) the number and filing date of the earlier application.

(c) A Contracting Party may require that an applicant who wishes an application to be treated as an application for a patent of addition indicate:

(i) that he wishes the application to be so treated;
(ii) the number and filing date of the parent application.

(d) A Contracting Party may require that an applicant who wishes an application to be treated as an application for the continuation or the continuation-in-part of an earlier application indicate:

(i) that he wishes the application to be so treated;
(ii) the number and filing date of the earlier application.

(e) Where a Contracting Party is an intergovernmental organization, it may require that an applicant indicate:

(i) a petition that the applicant wishes to obtain a regional patent;
(ii) the member States of that intergovernmental organization in which protection for the invention is sought.

 

Rule 6
Time Limits Concerning the Application Under Article 6(7) and (8)

(3) [ Time Limits Under Article 6(7) and (8) Relating to Payment of Application Fee in Accordance with the Patent Cooperation Treaty] Where any fees required to be paid under Article 6(4) in respect of the filing of the application are not paid, a Contracting Party may, under Article 6(7) and (8), apply time limits for payment, including late payment, which are the same as those applicable under the Patent Cooperation Treaty in relation to the international filing fee.

Explore WIPO