Patent Law Treaty

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The Patent Law Treaty (PLT) is a treaty adopted by the World Intellectual Property Organization signed on 1 June 2000 in Geneva, Switzerland, by 53 States and the European Patent Organisation (an intergovernmental organization). 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 February 2023, the PLT had 43 contracting states.

History

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. In March 2009, a report from French Senator Rachel Mazuir recommended the ratification of the PLT, as soon as possible, by France. On 24 July 2009, the government was authorized to ratify the PLT. 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 [https://www.congress.gov/bill/112th-congress/senate-bill/3486/text 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 [https://www.federalregister.gov/documents/2013/04/11/2013-07955/changes-to-implement-the-patent-law-treaty proposed at 78 Fed. Reg. 21788 (Apr. 11, 2013)] and issued as a [https://www.federalregister.gov/documents/2013/10/21/2013-24471/changes-to-implement-the-patent-law-treaty 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".

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