Is it necessary to introduce electronic
filing in order to be a member of the PLT?
In particular, requirements under the PLT concerning form or
contents of an application and the contents of a request are
fully in line with those requirements under the PCT. In
addition, there is a possibility of using a PCT request form
with an accompanied indication that the applicant wishes the
application to be treated as a national application.
What additional benefit will the PLT bring
to the PCT Member States?
Once a PCT Member State joins the PLT, applicants will find it
easier to file national and regional applications in their
countries as well as abroad, since the formal requirements of
these applications are in line with the requirements under the
PCT, with which the PCT user is already familiar.
Consequently, applicants will have easier access to foreign
patent systems.
Further, since some of the issues under the PLT are not
regulated in the PCT, such as the provisions concerning relief
to avoid unintentional loss of substantive rights, PCT
applicants would benefit from these additional mechanisms
to rectify their mistakes provided by the PLT, once their
international applications enter into the national phase.
From the viewpoint of the patent office, the PLT may
streamline the process of handling national and international
applications under the PCT, as many of the formality
requirements under the PLT and the PCT are designed
to be analogous.
Enhanced legal certainty for applicants filing in their home
country as well as abroad;
Simpler procedures and therefore cost reductions;
No. Countries will not ever be obliged to introduce Exceptions from mandatory representation;
electronic filing. Any PLT Contracting Party may continue to A reduced risk that rights would be lost because of failure
use paper filing. to comply with formalities, since offices would be required
to notify applicants of formal mistakes and give them an
In general, all Contracting Parties shall permit the filing of opportunity to correct those mistakes;
applications and communications on paper until June 2, Relief and re-instatement of rights in the case of missing
2005. After that date, a Contracting Party may implement certain time limits;
full electronic filing (i.e. exclude paper filing) if it wishes to or Possibility to obtain a filing date, even if the description
it may continue to accept paper. However, even after June 2, (main part of the application) is filed in a foreign language.
2005, applicants can use paper in all offices for the purposes
of acquiring a filing date and complying with a time limit.
How many countries signed the PLT
The PLT will enable users of the patent system to file
applications and communications on paper for a period of 10 On June 2, 2000, 10 countries and 3 intergovernmental
years from the date of entry into force of the Treaty. Once organizations signed the Final Act of the Diplomatic
this period expires, a Contracting Party may implement full Conference for the adoption of the Patent Law Treaty, and
electronic filing (i.e., exclude paper filing), if it wishes to do 43 countries signed the Patent Law Treaty adopted at the
so. However, even after the expiration of this 10-year period, Diplomatic Conference on June 1, 2000. As of September
applicants can use paper for the purposes of acquiring a 30, 2003, seven States had ratified or acceded to the Treaty.
filing date and complying with a time limit. Further, nothing It will enter into force three months after ten instruments of
prevents a Contracting Party from continuing to require ratification or accession by States have been deposited.
paper filing, and not to accept electronic filing.
The goal of the PLT with respect to paper and electronic filing
is to facilitate the implementation of electronic filing for the For more information contact the
advantages of both offices and the users, and, at the same
time, not to exclude any users from the benefits of the
World Intellectual Property Organization at:
Address:
34, chemin des Colombettes
Telephone:
41 22 338 91 11
What is
patent system if they are not ready to apply electronic filing. P.O. Box 18
CH-1211 Geneva 20
Switzerland
Fax:
41 22 733 54 28
e-mail:
the PLT?
wipo.mail@wipo.int
What are the PLT’s benefits
to developing countries? or its New York Coordination Office at:
Address: Telephone:
The PLT offers broad-based benefits for nationals of all 2, United Nations Plaza 1 212 963 6813
countries who wish to apply for patents. These include: Suite 2525 Fax:
New York, N.Y. 10017 1 212 963 4801
United States of America e-mail:
Reliance on a familiar set of patent formalities in all wipo@un.org W ORLD
countries party to the PLT, and therefore easier access to
Visit the WIPO website at: I NTELLECTUAL
foreign patent systems; P ROPERTY
http://www.wipo.int
Stimulation of local filing activity from foreign applicants; O RGANIZATION
WIPO Publication No. L450PLT(E) ISBN 92-805-1249-3

What is the PLT?
On June 1, 2000, the Diplomatic
Conference for the Adoption of the Patent
Law Treaty, convened under the auspices of
the World Intellectual Property Organization
(WIPO), and comprising 140 sovereign States, adopted the
Patent Law Treaty by a consensus of its Members.
The Patent Law Treaty (PLT) seeks to harmonize formal
requirements set by national and regional patent offices
and to streamline the procedures for obtaining and
maintaining a patent.
It provides, in particular:
(i) filing date requirements, and procedures to avoid a loss
of the filing date because of a failure to comply with
formalities;
(ii) a single internationally standardized set of formal
requirements for national and regional offices, which are
in line with the formal requirements under the Patent
Cooperation Treaty (PCT);
(iii) standardized forms which shall be accepted
by all offices;
(iv) simplified procedures before the patent office;
(v) mechanisms to avoid unintentional loss of rights as a
result of failure to comply with time limits;
(vi) basic principles for the implementation of
electronic filing.
The PLT provides maximum sets of requirements that the
office of a Contracting Party could apply. This means that a
Contracting Party is free to provide for requirements that are
more generous from the viewpoint of applicants and owners.
The provisions of the PLT apply to national and regional
patent applications and patents, as well as to international
applications under the PCT once they have entered the
“national phase.”
Why is the PLT important?
The standardization and simplification of formality
requirements under the PLT will reduce the risk of errors and
thereby result in less frequent loss of rights. This, coupled with
cost reductions, is important for inventors, applicants and
patent attorneys. Also, by eliminating complicated procedures
and streamlining the patenting process, patent offices may
operate more efficiently and, therefore, cut their costs.
The PLT, and its link with the PCT, will also provide a firm
foundation for WIPO’s future work on the development of
patent law and the international patent system.
The Model International Forms, which will be established by
the PLT Assembly and must be accepted by each Contracting
Party, would also facilitate the filing of applications abroad.
Who will benefit from the PLT?
Inventors, applicants, and patent attorneys from Contracting
Parties - both industrialized and developing countries - as
well as third parties and national or regional offices will all
benefit from the PLT.
Users of the patent system are supportive of the PLT because
the harmonization and simplification of procedures would result
in cost reductions. During the five-year negotiations leading up
to the Diplomatic Conference for the adoption of the PLT,
representatives of the user communities actively participated in
the discussions in a positive and constructive manner.
Does the PLT have an impact on
the financial management of national
patent offices?
As mentioned above, the elimination of cumbersome
procedures will result in increased efficiency of patent offices
and a consequent reduction of operating costs. Further, since
the formality requirements under the PLT are designed to be
in line with those of the PCT, in principle, the office of a PCT
Contracting State may streamline the procedures it applies
to national or regional applications by harmonizing them What is the relationship between the PLT
with the procedures applied to international applications and the TRIPS Agreement?
under the PCT.
There is no direct link between the PLT and the Agreement
on Trade-Related Aspects of Intellectual Property (TRIPS) since
What are the advantages of acceding their scope is different. The PLT regulates formality
to the PLT? requirements relating to patent applications and patents,
while the TRIPS Agreement covers standards concerning the
In addition to the multiple advantages already mentioned, availability, scope and use of intellectual property rights,
nationals of a Contracting Party may have easier access to enforcement of rights as well as general provisions on
foreign patent systems, since they will be able to rely on a acquisition and maintenance of rights and related
familiar set of formalities for filing patent applications inter partes procedures.
abroad. It should be noted that the PLT does not impose any
financial obligations on a Contracting Party.
How will the relationship between the PLT
and the PCT work?
Would the success of the PLT Diplomatic
Conference accelerate the discussion on
As the PCT provides uniform formality requirements with
further harmonization of patent laws? respect to international patent applications during the
international phase, the PLT is designed to simplify and
Yes. During the past sessions of the Standing Committee on harmonize the formality requirements with respect to
the Law of Patents (SCP), as well as at the September 1999 national and regional applications and patents. In order to
session of the WIPO Assemblies, a significant number of avoid creating new internationally applicable standards
delegations expressed their wish to take up the issues on different from the PCT, the PLT refers to the provisions
further harmonization of patent laws once the PLT is of the PCT, where appropriate.
concluded. The SCP has been considering further substantive
harmonization following the conclusion of the PLT. The terms
set forth in the WIPO Program and Budget for the 2004-
2005 biennium cover issues relating to further harmonization
of substantive patent laws.
What is the relationship between
the PLT and the Paris Convention for
the Protection of Industrial Property?
A Contracting Party of the PLT must comply with the
provisions of the Paris Convention which deal with patents.
Consequently, the rights of applicants and owners under the
Paris Convention are maintained.