Patent Law Treaty

The Patent Law Treaty (PLT) is a treaty adopted by the World Intellectual Property Organization (WIPO) on 1 June 2000 in Geneva, Switzerland. It entered into force on April 28, 2005. It aims at harmonizing and streamlining 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. The treaty "does not establish a uniform procedure for all parties to the PLT but leaves parties free to require fewer or more user-friendly requirements than those provided in the PLT." As of July 2026, the PLT had 44 contracting states, that includes the European Patent Organisation (EPO) and the Eurasian Patent Organization (EAPO).

History The adoption of the Patent Cooperation Treaty in 1970 simplified the filling of patent applications by harmonizing certain procedural requirements at the international level; however, many countries continued to differ in the patentability requirements they imposed in their national laws. Thus, it became clear that there was also a need to harmonize the substantive requirements across the various jurisdictions in order to further improve and standardize the international patent system.

Negotiations to achieve such harmonization began in the mid-1980s. One of the first attempts was a draft of an instrument called the Patent Harmonization Treaty, which was discussed in a diplomatic conference held in The Hague in 1991. However, the negotiations were abandoned in 1993 due to the opposition of the United States to accepting the “first-to-file” principle, and also because in a parallel way the TRIPS Agreement had been negotiated, which included many similar provisions to those taken in the draft of the Patent Harmonization Treaty.

Two years later, during the meetings of the WIPO General Assembly and the Paris Union Assembly held between September 25 and October 3, 1995, it was agreed to convene a committee of experts to discuss a new draft of patent law treaty prepated by WIPO. Such committee held its first session in Geneva from December 11 to 15, 1995 with the representation of 67 states members of WIPO or the Paris Union, and representatives of European Communities, the European Patent Office, the Organization of African Unity and the World Trade Organization as observers.

The treaty negotiations lasted another four years until, in September 1999, during the Thirty-Fourth Series of Meetings of the WIPO Assembly of Member States, a resolution was adopted to convene a diplomatic conference for the adoption of the Patent Law Treaty (PLT).

The Diplomatic Conference for the Adoption of the PLT was held in Geneva, Switzerland from May 11 to June 2, 2000. The Patent Law Treaty was adopted on June 1, 2000 and opened for signature on June 2, 2000. That day, 47 countries signed.

Adoption process per country

France 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. French Senate web site, Sénat, Session Ordinaire de 2008–2009, Annexe au procès-verbal de la séance du 14 janvier 2009, Projet de Loi autorisant la ratification du traité sur le droit des brevets, 14 January 2009. Consulted on 22 January 2009 Laurent Teyssedre, Ratification du PLT, Le blog du droit européen des brevets, 20 January 2009. Consulted on 22 January 2009 In March 2009, a report from French Senator Rachel Mazuir recommended the ratification of the PLT, as soon as possible, by France. French Senate web site, Annexe au procès-verbal de la séance du 17 mars 2009, Rapport fait au nom de la commission des Affaires étrangères, de la défense et des forces armées sur le projet de loi autorisant la ratification du traité sur le droit des brevets, Par M. Rachel Mazuir, Sénateur Laurent Teyssedre, Ratification du PLT (suite), Le blog du droit européen des brevets, 25 March 2009. Consulted on 29 March 2009 On 24 July 2009, the government was authorized to ratify the PLT. JORF n°0170 du 25 juillet 2009 page 12409, texte n° 3, LOI n° 2009-892 du 24 juillet 2009 autorisant la ratification du traité sur le droit des brevets, NOR: MAEJ0815903L The PLT then entered into force for France on 5 January 2010.

United States The Treaty was transmitted from the President to the Senate in 2006. The Senate Foreign Relations Committee issued its Executive Report 110-6 in November 2007. Non-self-executing portions of the PLT were implemented as statute by the Patent Law Treaties Implementation Act of 2012, Pub. Law 112-211 (Dec. 12, 2012). The PLT was ratified by the United States on 18 September 2013, and the ratification instrument was forwarded to WIPO. The Patent Office's implementing regulations were proposed at 78 Fed. Reg. 21788 (Apr. 11, 2013) and issued as a Final Rule at 78 Fed. Reg. 62367 (Oct. 21, 2013).

Mexico Article 20(7)(3) of the proposed new NAFTA, in December 2019, stated that "Each Party shall give due consideration to ratifying or acceding to the PLT, or, in the alternative, shall adopt or maintain procedural standards consistent with the objective of the PLT".

Contracting parties + Contracting States to the Patent Law Treaty and dates of entry into force Contracting Party Signature Instrument In Force — Accession: February 17, 2010 May 17, 2010 June 2, 2000 — — — Accession: March 25, 2019 June 25, 2019 — Accession: June 17, 2013 September 17, 2013 — Accession: December 16, 2008 March 16, 2009 June 2, 2000 — — — Accession: September 15, 2005 December 15, 2005 — Accession: July 21, 2016 October 21, 2016 June 2, 2000 — — — Accession: February 9, 2012 May 9, 2012 June 2, 2000 — — May 11, 2001 — — June 2, 2000 — — May 21, 2001 Ratification: July 30, 2019 October 30, 2019 July 20, 2000 — — June 2, 2000 Ratification: December 20, 2004 April 28, 2005 June 2, 2000 — — June 2, 2000 — — June 2, 2000 Ratification: May 22, 2018 August 22, 2018 June 2, 2000 Ratification: March 16, 2004 April 28, 2005 June 2, 2000 Ratification: April 14, 2003 April 28, 2005 June 2, 2000 — — Eurasian Patent Organization — Accession: December 17, 2025 March 17, 2026 European Patent Organisation May 17, 2001 — — — Accession: December 6, 2005 March 6, 2006 September 14, 2000 Ratification: October 5, 2009 January 5, 2010 June 2, 2000 — — May 29, 2001 — — June 2, 2000 — — June 2, 2000 — — June 2, 2000 — — June 2, 2000 Ratification: December 12, 2007 March 12, 2008 May 31, 2001 Ratification: February 27, 2012 May 27, 2012 June 2, 2000 — — June 2, 2000 — — — Accession: March 11, 2016 June 11, 2016 — Accession: July 19, 2011 October 19, 2011 June 2, 2000 — — June 2, 2000 Ratification: April 24, 2002 April 28, 2005 June 2, 2000 Ratification: March 12, 2010 June 12, 2010 June 2, 2000 — — June 2, 2000 Ratification: October 4, 2016 January 4, 2017 — Accession: September 18, 2009 December 18, 2009 — Accession: November 3, 2011 February 3, 2012 June 2, 2000 — — June 2, 2000 — — June 2, 2000 — — June 28, 2000 — — — Accession: December 9, 2011 March 9, 2012 May 31, 2001 Ratification: September 27, 2010 December 27, 2010 June 2, 2000 Ratification: December 19, 2002 April 28, 2005 — Accession: January 22, 2010 April 22, 2010 — Accession: July 16, 2007 October 16, 2007 June 2, 2000 — — June 2, 2000 — — June 2, 2000 Ratification: September 27, 2001 April 28, 2005 June 2, 2000 Ratification: January 28, 2005 April 28, 2005 — Accession: May 12, 2009 August 12, 2009 October 10, 2000 — — June 2, 2000 — — — Accession: May 3, 2013 August 3, 2013 — Accession: May 20, 2010 August 20, 2010 — Accession: July 16, 2002 April 28, 2005 June 2, 2000 Ratification: May 8, 2002 April 28, 2005 June 2, 2000 Ratification: August 6, 2013 November 6, 2013 June 2, 2000 — — May 17, 2001 Ratification: September 27, 2007 December 27, 2007 June 2, 2000 Ratification: March 31, 2008 July 1, 2008 June 2, 2000 — — June 2, 2000 — — — Accession: April 19, 2021 July 19, 2021 June 2, 2000 — — — Accession: March 31, 2003 April 28, 2005 June 2, 2000 Ratification: December 22, 2005 March 22, 2006 June 2, 2000 Ratification: September 18, 2013 December 18, 2013 — Accession: April 19, 2006 July 19, 2006 June 2, 2000 — —

See also Paris Convention for the Protection of Industrial Property Patent Cooperation Treaty (PCT) Substantive Patent Law Treaty (SPLT) Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK) European Convention relating to the Formalities required for Patent Applications (1953) Trademark Law Treaty (1994) Design Law Treaty Singapore Treaty on the Law of Trademarks

References

Patent Law Treaty

Bron en licentie