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Negotiators Set Date for the Patent Law TreatyDiplomatic Conference

Geneva, April 27, 1999
Press Updates UPD/1999/55

After three and a half years of discussions on the draft Patent Law Treaty (PLT), member states of the World Intellectual Property Organization (WIPO) made significant progress towards achieving harmonization of patent formalities throughout the world. The Standing Committee on the Law of Patents (SCP) discussed the draft PLT in detail at its second session from April 12 to 23, 1999 in Geneva, and wrapped up with agreement on a number of questions, including a date for the Diplomatic Conference (May 11 to June 2, 2000).

The proposed treaty is designed to streamline the requirements set out by 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 relating to an application, including electronic filing, representation, conditions for extension of time limits and restoration of rights and priority claims. To keep the draft treaty as simple as possible and avoid creating different international standards for patent formalities, its provisions refer as far as possible to those of the Patent Cooperation Treaty (PCT) and its Regulations.

The SCP agreed upon most of the provisions that would constitute the basic proposal for the Diplomatic Conference. One outstanding question is the provision concerning an extension of time limit and re-instatement of rights. Further understanding of different national systems in this respect is required before steps can be taken towards international harmonization. The Committee also felt that provisions which provided for a reference to the form and contents of international application under the PCT still needed further legal-technical elaboration.

The SCP also discussed fee reductions by patent offices. There was general agreement that fee reductions under certain circumstances would benefit inventors. The SCP agreed to discuss this issue further at its next session.

The meeting was attended by delegations of 71 Member States, four intergovernmental organizations (IGOs) and 21 non-governmental organizations (NGOs). The next meeting of the SCP will take place in early September 1999, in Geneva.

For further information, please contact the Industrial Property Law Division at WIPO:

Tel: (+41 22) 338 9660
Fax: (+41 22) 338 8830
E-mail: scp.mail@wipo.int