WIPO Standing Committee on the Law of Patents

Geneva, November 25, 1998
Press Updates UPD/1998/41

From November 16 to 20, 1998, the first session, second part of the Standing Committee on the Law of Patents (SCP) was held at the headquarters of WIPO. The discussion was dedicated to the draft Patent Law Treaty (PLT), which pertained to formalities that might be required for the filing of patent applications and recordings by the Patent Offices. Substantial progress was made on the detailed contents of the proposed Treaty, and the dates for the Diplomatic Conference to adopt the PLT were tentatively decided as May 15 to June 2, 2000.

In accordance with the decision at the first session, first part of the SCP which was held in June 1998, the Committee was reconvened and had an extensive discussion on the draft PLT. The draft Treaty contains provisions such as requirements for obtaining a filing date, representation, and conditions for extension of time limits and restoration of rights and priority claims. It refers to the maximum extent to the provisions of the Patent Cooperation Treaty and the Regulations in order to simplify the provisions of the draft Treaty and to avoid creating different international standards with respect to formalities on patent. In this respect, the Standing Committee supported the initiative of the International Bureau to conduct a comprehensive study relating to the interface between the PCT and the draft PLT. The Standing Committee also proposed, and the International Bureau agreed, that this opportunity be taken to consider, in the light of the PCT experience, what matters would be better dealt with in the Regulations.

The International Bureau made a presentation on the SCP Electronic Forum which was initiated in July 1998. As regards a circulation of the draft report, the Standing Committee adopted a procedure which fully utilized the SCP Electronic Forum.

Concerning a future schedule, since the Standing Committee agreed that the discussions on the draft PLT should be the issue of the first priority, it decided that the agenda of the second session of the Committee would be limited to the draft PLT and the issue of fee reductions for applicants from developing countries, and would tentatively be scheduled for April 1999.

The International Bureau was asked to schedule a Preparatory Meeting for the Diplomatic Conference in conjunction with the second session or third session of the Standing Committee, and was authorized to conduct consultations with Member States in preparation for the Diplomatic Conference.

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