Patent law treaty 2000
From Advocatespedia, The Law Encyclopedia
The Patent Law Treaty (PLT) is an international agreement used in the how to patent an idea process to simplify the formalities associated with patent application procedures in multiple countries. The World Intellectual Property Organization (WIPO) adopted the PLT on June 1, 2000. The treaty began in the United States on April 28, 2005. The PLT was approved by the U.S. Senate in 2007. U.S. patent law was updated to reflect the PLT changes in 2012 and became known as the Patent Law Treaty Implementation Act, or PLT Act.
The PLT is extremely important to patent holders, since it makes it easier to apply for and hold patents in the U.S. and in other countries. The simpler requirements make it easier for applicants to receive and apply for patents in multiple countries. The PLT sets a limit on how complicated an application process can be. The PLT sets down the most intensive requirements for a patent application. This means applicants know the maximum requirements possible. Member countries cannot require more, but they can require less.
• Makes it easier to receive a filing date for a patent application
• Reduces the requirements for a patent application
• Gives a framework for digital patent applications
The Canadian government tabled 5 treaties in the House of Commons on 27 January 2014. Among the treaties is the PLT. However, the government has not yet tabled legislation to incorporate the treaties in Canadian law, but the tabling of the treaties is a strong signal that the government is moving ahead with harmonization of its IP laws.
Prior to the entry into force of the treaty in France, a bill was submitted on 14 January 2009 at the French Senate proposing the ratification of the PLT by France.In March 2009, a report from French Senator Rachel Mazuirre commended the ratification of the PLT, as soon as possible, by France. On 24 July 2009, the government was authorized to ratify the PLT. The PLT then entered into force for France on 5 January 2010.
United States of America
The Treaty was ratified by the United States on 18 September 2013. Parts of the PLT were applied to U.S. patent law with the passage of the Patent Law Treaties Implementation Act of 2012.
Application and Patents to which the Treaty Applies
(a) The provisions of this Treaty and the Regulations shall apply to national and regional applications for patents for invention and for invention and for patents of addition, which are filed with or for the Office of a Contracting Party, and which are:
(i) types of applications permitted to be filed as international applications under the Patent Cooperation Treaty
(ii) divisional applications of the types of applications referred to in item (i), for patents for invention or for patents of addition, as referred to in Article 4G(1) or (2) of the Paris Convention.
(b) Subject to the provisions of the Patent Cooperation Treaty, the provisions of this Treaty and the Regulations shall apply to international applications, for patents for invention and for patents of addition, under the Patent Cooperation Treaty.
(i) in respect of the time limits applicable under Articles 22 and 39(1) of the Patent Cooperation Treaty in the Office of a Contracting Party.
(ii) in respect of any procedure commenced on or after the date on which processing or examination of the international application may start under Article 23 or 40 of that Treaty.
Patents- The provisions of this Treaty and the Regulations shall apply to national and regional patents for invention, and to national and regional patents of addition, which have been granted with effect for a Contracting Party.
The Patent Law Treaty was drafted with the aim to “streamline and harmonize” formal requirements set by national or regional Patent Offices for the filing of national or regional patent applications and the maintenance of patents. One of the reasons is that the Treaty contains too many optional requirements (“may require”), which may be implemented as compulsory by the Contracting Parties, allowing them too much freedom when implementing requirements of the Treaty into their national and regional patent laws. This defies the aim of harmonization and streamlining of the Patent Law Treaty.
The Patent Law Treaty (PLT) is a patent law multilateral treaty concluded on 1 June 2000 in Geneva, Switzerland, by 53 States and the European Patent Organisation (an intergovernmental organization). As of November 2017, the PLT had 39 contracting states, while 59 states and the European Patent Organisation have signed the treaty
Its aim is to harmonize formal procedures such as the requirements to obtain a filing date for a patent application, the form and content of a patent application, and representation.
This is a list of parties to international patent treaties which are open to all states.
Paris Convention for the Protection of Industrial Property, Paris, 1883-03-20, came into force 1884-07-07
Patent Cooperation Treaty, Washington, 1970-06-19, came into force 1978-01-24
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, Budapest, 1977-04-28, came into force 1980-08-19
Agreement on Trade-Related Aspects of Intellectual Property Rights, Marrakech, 1994-04-15, came into force 1995-01-01 PLT
Patent Law Treaty, Geneva, 2000-06-01, came into force 2005-04-28. The list below was taken from details supplied by WIPO and the WTO. Dates quoted are the date on which the treaty came into effect for a given country.
• Bosnia and Herzegovina
• Democratic People's Republic of Korea
• Republic of Moldova
• Russian Federation
• Saudi Arabia
• United Kingdom
• United States of America
• The former Yugoslav Republic of Macedonia