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Draft Patent Law Treaty Finalized for the Diplomatic Conference

Geneva, September 15, 1999
Press Updates UPD/1999/70

https://www.wipo.int/documents/en/document/scp_ce/index_3.htm

Delegates from over 70 countries have put the final touches on a draft text that will form the basis for discussion at a Diplomatic Conference on a proposed treaty that would make it easier for inventors around the world to obtain patent protection. The Standing Committee on the Law of the Patents (SCP), which met from September 6 to 14, 1999, unanimously agreed to submit this draft text of the Patent Law Treaty (PLT) for negotiations at a Diplomatic Conference from May 11 to June 2, 2000 that will lead to the possible adoption of this Treaty will take place in Geneva from May 11 to June 2, 2000.

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 Treaty is designed to streamline and harmonize the administrative formal 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 formalities other administrative requirements relating to an application, including electronic filing, representation of the applicant by others, conditions for extension of time limits and restoration of rights and priority claims.

The SCP agreed upon the text of all the provisions that will be contained in the basic proposal for the Diplomatic Conference. It also 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 if an indication to that effect is filed with that request. Agreement was also reached on the question of relief 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.

The meeting was attended by delegations of 77 Member States, four intergovernmental organizations (IGOs) and 19 non-governmental organizations (NGOs).

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

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