Patent law

Patent law is territorial: each country has its own patent system, granting patents that can only be enforced within its jurisdiction. This principle recognizes the sovereignty of nations and allows them to regulate and protect inventions according to their own standards.
The treaties administered by WIPO or other international organizations, together with national and regional laws, make up the international legal framework for patents.

Guidelines and Manuals of National/Regional Patent Offices

The formalities and substantive requirements for filing patent applications and for granting patents vary from one country or region to the other. Explore guidelines and manuals of national and regional patent offices, all in one place.

Standing Committee on the Law of Patents (SCP)

WIPO works with its member states and observer organizations to develop balanced international frameworks for patent law and policy. Learn more about the latest discussions of the SCP.

Patent law treaties administered by WIPO

Paris Convention

The Paris Convention is the first major international agreement relating to the protection of industrial property, including patents and utility models. It outlines, in particular, the principle of “national treatment”, the right of priority, and a number of common rules in the field of substantive patent law that Contracting Sates must follow.

Patent Cooperation Treaty (PCT)

The Patent Cooperation Treaty establishes an international patent filing system, making it possible to seek patent protection for an invention simultaneously in each of the countries party to the PCT. 

Strasbourg Agreement

The Strasbourg Agreement Concerning the International Patent Classification is a regularly updated international system for classification of patents and utility models, allowing efficient search and retrieval of patent information.

Patent Law Treaty (PLT)

The Patent Law Treaty establishes, as a general rule, a set of maximum formality requirements, applicable to national/regional patent applications and patents of the PLT members. It aims to streamline formality requirements and patent procedures.

Budapest Treaty

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure concerns the disclosure requirement of patent law specifically with respect to microorganisms. It stipulates that, for the purpose of the patent procedure, the deposit of microorganisms with any "international depositary authority" must be recognized by any Contracting State irrespective of where the depositary authority is located.

WIPO Lex database of IP laws and treaties

The WIPO Lex database is a comprehensive search tool that allows you to search international treaties, national or regional laws, and leading judicial decisions in the field of intellectual property

Patent law topics and issues

Patents play practical role in everyday life, therefore demanding the patent law to constantly evolve. Explore some of the important issues related to patents and patent law in the full list of patent law topics.

Standard Essential Patents

Standardization enables a world of reliable and interoperable products and services - yet a perennial question remains: how do we ensure greater incentives for innovation while allowing fair access to patent-protected inventions that are crucial to implementing technology standards? That is where Standard Essential Patents come into play.

Utility models

In some countries, a utility model system provides protection of so-called “minor inventions” through a system similar to the patent system. Recognizing that minor improvements of existing products, which does not fulfill the patentability requirements, may have an important role in a local innovation system, utility models protect such inventions.

Outer space

The continued growth of space activities, particularly commercial, highlights the challenges of applying patent law in outer space: the lack of a unified international legal framework, the enforcement of patent rights in the extraterrestrial domain, etc. Understanding these issues will benefit innovation, cooperation, and sustainable space development.

WIPO’s COVID-19 Response: Knowledge Resources

WIPO has launched new research, publications and knowledge resources on emerging issues, to inform and support Member States and IP stakeholders in their response, recovery and building resilience post-pandemic.
  • ​​​​​​​Discussion paper on the interplay between patents and trade secrets in medical technologies (PDF)
  • Discussion Paper on IP and Access to Publicly Funded Research Results in Health Emergencies (PDF)
WIPO provides policy and legislative assistance to member states on request, including advice on implementation of flexibilities available in international treaties. Formal requests for legislative assistance in the areas of patents, utility models, trade secrets, and the protection of layout designs of integrated circuits may be submitted at any time via letter to the Secretariat, and short queries in matters of patent law may be submitted through the Patent Law Helpdesk for WIPO member states.
Alternatives to Patent Search and Examination (PDF)