Model International Forms under Rule 20(1)


Article 8(3) provides that:

"(3) [Model International Forms] Notwithstanding paragraph (1)(a), and subject to paragraph (1)(b) and Article 6(2)(b), a Contracting Party shall accept the presentation of the contents of a communication on a Form which corresponds to a Model International Form in respect of such a communication provided for in the Regulations, if any."

As explained in Note 8.07 of the Explanatory Notes on the Patent Law Treaty and the Regulations Under The Patent Law Treaty ("PLT Notes"):

"8.07 Paragraph (3) This paragraph obliges a Contracting Party to accept communications filed on a Model International Form established under Article 14(1)(c) and Rule 20. The effect of the phrase "subject to paragraph (1)(b)" is that a Contracting Party that does not accept the filing of communications other than on paper is not obliged to accept the filing of communication on a Model International Form that applies, for example, to communications filed in electronic form or by electronic means of transmittal. […]"

Rule 20(1) provides that:

"(1) [Model International Forms] The Assembly shall, under Article 14(1)(c), establish Model International Forms, in each of the languages referred to in Article 25(1), in respect of:

(i) a power of attorney;

(ii) a request for recordation of change in name or address;

(iii) a request for recordation of change in applicant or owner;

(iv) a certificate of transfer;

(v) a request for recordation, or cancellation of recordation, of a license;

(vi) a request for recordation, or cancellation of recordation, of a security interest;

(vii) a request for correction of a mistake."

Rules 15 to 18, in particular, provide substantive requirements with respect to the above Model International Forms. Further, the Model International Forms should be in compliance with other requirements prescribed in Articles 7 and 8 and Rules 7, 8, 9, 10 and 19.


Notes to the Model International Request Form

Each Model International Form contains Notes to the relevant Model International Form. Since the PLT contains no provision for the establishment of the Notes by the Assembly, such Notes would be established by the International Bureau for explanatory purposes only. Similarly to the case of the Notes to the PCT request Form, the Notes to the Model International Forms are intended to facilitate the filling in of those Forms.


Individualized Model International Request Form

The Model International Forms refer to, and leave space for filling in, all the requirements that Contracting Parties may require under the PLT and its Regulations. Some of those requirements, however, will not be required under the national (or regional) law applicable to the Office concerned, since the PLT provides, except Article 5, maximum requirements that a Contracting Party may impose. Therefore, as long as it complies with the PLT, any Contracting Party would be free to individualize the Model International Forms in order to adapt them to the applicable law. In particular, an individualized Model International Form could have the name of the Office pre-printed in the title, could be in the language(s) accepted by the Office, and could omit any Boxes not relevant to that Office. Any Contracting Party which individualized a Model International Form, could, of course, also individualize the Notes so that they relate expressly to the individualized Form.