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WIPO Assemblies Endorse Convening of Diplomatic Conference to Consider Adoption of Patent Law Treaty

Geneva, September 22, 1999
Press Releases PR/1999/189

The WIPO Assemblies endorsed on Wednesday the convening of a Diplomatic Conference from May 11 to June 12, 2000, in Geneva, to finalize negotiations towards the adoption of a treaty that would make it easier for inventors around the world to obtain patent protection. Delegates from some 77 countries and 19 non-governmental organizations put the final touches on a draft text of the proposed Patent Law Treaty (PLT) at a meeting of the Standing Committee on the Law of Patents (SCP) earlier this month.

Delegates at the Assemblies spoke in favor of convening the Conference and welcomed the possible adoption of the PLT as a further step in the global harmonization of patent laws. Many developing countries urged WIPO to help cover the travel expenses of delegates from developing countries. In welcoming the decision by the member States to convene the Diplomatic Conference, WIPO Director General Dr. Kamil Idris, said the Secretariat would hold consultations with the countries concerned to decide which countries would receive financial aid.

The rapid pace of technological developments and the globalization of trade has resulted in the need for mechanisms that provide for speedy and cost-effective protection for new inventions. The proposed PLT is designed to streamline and harmonize the administrative requirements set out by national patent offices for the filing of patent applications and the maintenance of patents. These requirements concern issues such as obtaining a filing date, and other administrative requirements relating to an application, including electronic filing, representation of the applicant by others, conditions for extension of time limits and reinstatement of rights and restauration of priority rights.

In pre-Conference discussions, delegates agreed upon the text of all the provisions that will be contained in the basic proposal for the Diplomatic Conference. They decided to link the PLT more closely to the Patent Cooperation Treaty (PCT), a WIPO-administered treaty that allows an inventor to apply for patent protection in multiple countries through the submission of a single international application. Closer alignment of the proposed PLT with the PCT would mean that patent formalities or administrative requirements would, to a large extent, follow common standards both for national and international applications. In this context, applicants would be able to use the PCT Request Form for both international and national applications. Agreement was also reached on the question of time extensions with respect to missed time limits.

A small number of issues remain open for discussion at the Diplomatic Conference, including the question of exceptions to mandatory representation by qualified individuals of applicants and patent owners in patent application procedures.

For further information, please contact Mr. Philippe Baechtold, Head, Patent Law Section at WIPO:

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