Patent Law Treaty

Last updated

The Patent Law Treaty (PLT) is a treaty 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." [1] As of February 2023, the PLT had 43 contracting states. [2]

Contents

History

Contracting States to the Patent Law Treaty and dates of entry into force [2]
DateState
28 April 2005 Republic of Moldova, Kyrgyz Republic, Republic of Slovenia, Slovak Republic, Federal Republic of Nigeria, Ukraine, Republic of Estonia, Kingdom of Denmark, Republic of Croatia, Romania
15 December 2005 Bahrain
6 March 2006 Finland
22 March 2006 United Kingdom (including the Isle of Man)
19 July 2006 Uzbekistan
16 October 2007 Oman
27 December 2007 Sweden
12 March 2008 Hungary
1 July 2008 Switzerland
16 March 2009 Australia
12 August 2009 Russia
18 December 2009 Liechtenstein
5 January 2010 France
22 April 2010 North Macedonia
17 May 2010 Albania
12 June 2010 Latvia
20 August 2010 Serbia
27 December 2010 Netherlands (the whole Kingdom, except Aruba)
19 October 2011 Kazakhstan
3 February 2012 Lithuania
9 March 2012 Montenegro
9 May 2012 Bosnia and Herzegovina
27 May 2012 Ireland
3 August 2013 Saudi Arabia
17 September 2013 Armenia
18 December 2013 United States
11 June 2016 Japan
21 October 2016 Belarus
4 January 2017 Liberia
22 August 2018 North Korea
25 June 2019 Antigua and Barbuda
30 October 2019 Canada
19 July 2021 Turkmenistan

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. [3] [4] In March 2009, a report from French Senator Rachel Mazuir recommended the ratification of the PLT, as soon as possible, by France. [5] [6] On 24 July 2009, the government was authorized to ratify the PLT. [7] The PLT then entered into force for France on 5 January 2010. [2]

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 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 proposed at 78 Fed. Reg. 21788 (Apr. 11, 2013) and issued as a 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". [8]

See also

Related Research Articles

<span class="mw-page-title-main">Philippe-Antoine Merlin de Douai</span> French politician and lawyer (1754–1838)

Philippe-Antoine Merlin, known as Merlin de Douai was a French politician and lawyer.

The EPC 2000 or European Patent Convention 2000 is the version of the European Patent Convention (EPC) as revised by the Act Revising the Convention on the Grant of European Patents signed in Munich on November 29, 2000. On June 28, 2001, the Administrative Council of the European Patent Organisation adopted the final new text of the EPC 2000. The EPC 2000 entered into force on December 13, 2007.

<span class="mw-page-title-main">London Agreement (2000)</span>

The London Agreement, formally the Agreement on the application of Article 65 of the Convention on the Grant of European Patents and sometimes referred to as the London Protocol, is a patent law agreement concluded in London on 17 October 2000 and aimed at reducing the translation costs of European patents granted under the European Patent Convention (EPC). The London Agreement is an agreement between some member states of the European Patent Organisation, and has not altered other language requirements applying to European patent applications prior to grant.

The droit d'auteur or French authors' rights law, is in the jurisdiction of France a set of exclusive prerogatives available to a creator over his or her intellectual work, as part of the intellectual property area of law. It has been very influential in the development of authors' rights laws in other civil law jurisdictions, and in the development of international authors' rights law such as the Berne Convention. It has its roots in the 16th century, before the legal concept of copyright was developed in the United Kingdom. Based on the "rights of the author" instead of on the right to copy, its philosophy and terminology are different from those used in copyright law in common law jurisdictions. The term droit d’auteur reveals that the interests of the author are at the center of the system, not that of the investor.

An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application, of a granted patent, or of a trademark.

Georges Jean Gabriel Vianès is a former French civil servant, corporate officer and politician. He was head of the French National Industrial Property Institute, the French national intellectual property office from 1975 to 1982. He was also the first Chairman of the Administrative Council of the European Patent Organisation, from 19 October 1977 to 18 October 1981.

This is an appendix to the article Territorial formation of France. It is concerned with the detail of the minor treaties dealing with the borders between France and its neighbours, since the Treaty of Vienna (1815).

The Franco-Dutch treaty on Saint Martin border controls, sometimes shortened to the Franco-Dutch treaty and in full the Treaty between the Kingdom of the Netherlands and the French Republic on the control of persons entering Saint Martin through the airports, is a treaty between France and the Netherlands aimed at improving border controls at the two airports on the divided island of Saint Martin. The island is divided into French Saint-Martin and Dutch Sint Maarten.

<span class="mw-page-title-main">André-Pierre Nouvion</span> French lawyer and historian

André-Pierre Nouvion is a French lawyer and historian of French law.

Under the European Patent Convention (EPC), a petition for review is a request to the Enlarged Board of Appeal of the European Patent Office (EPO) to review a decision of a board of appeal. The procedure was introduced in Article 112a EPC when the EPC was revised in 2000, to form the so-called "EPC 2000". A petition for review can essentially only be based on a fundamental procedural defect. Its purpose is not to obtain a reconsideration of the application of substantive law, such as points relating to patentability. The petition is a restricted form of judicial review, limited to examining serious errors of procedure which might have been committed by the Legal or Technical Boards of Appeal, prejudicing the right to a fair hearing of one or more appellants. Before the entry into force of the EPC 2000 in December 2007, it was not possible for a party who did not have his requests granted in an appeal to challenge the final decision of the Legal or Technical Board of Appeal on any grounds.

<span class="mw-page-title-main">Treaty of Accession 2011</span> Treaty between Croatia and the EU

The Treaty of Accession 2011 is an agreement between the member states of the European Union and Croatia concerning Croatia's accession to the EU. It was signed on 9 December 2011 in Brussels by the heads of state or government of the 27 member states and by the president of Croatia, Ivo Josipović, and Prime Minister Jadranka Kosor.

<span class="mw-page-title-main">Systematic Compilation of Federal Legislation</span> Former compilation of all Swiss federal laws

The Systematic Compilation of Federal Legislation (SR) (German: Systematische Sammlung des Bundesrechts, SR; French: Recueil systématique du droit fédéral, RS; Italian: Raccolta sistematica, RS) is the official compilation of all Swiss federal laws, ordinances, international and intercantonal treaties that are in force.

<span class="mw-page-title-main">Constitutional amendments under the French Fifth Republic</span>

The French constitution of 4 October 1958 was revised many times in its early years. Changes to this fundamental law have become more frequent since the 1990s, for two major reasons:

  1. public projects for institutional modernization
  2. adaptation to European Union and other international law.

Christine Kaddous is Professor of European Union law at the University of Geneva, Jean Monnet Chair ad personam and Director of the Centre d'études juridiques européennes – Centre d'excellence Jean Monnet of Geneva University. She is also Visiting Professor at the College of Europe.

Auguste Jubé, baron de La Perelle was a French general, politician and historiographer.

<span class="mw-page-title-main">Georges Ripert</span> French lawyer (1880 - 1958)

Georges Ripert was a lawyer who was briefly Secretary of State for Public Instruction and Youth in the Vichy Regime.

<span class="mw-page-title-main">Charles Renouard</span>

Augustin Charles Renouard was a French lawyer and politician. During a long career he worked as an advocate, was a member of the chamber of deputies, was vice-president of Société d'économie politique, sat on the Court of Cassation and was a Senator. He published many books and articles, and was elected a member of the Académie des Sciences Morales et Politiques of the Institut de France. He made important contributions to the law on copyright, which he saw as a temporary monopoly granted to the author rather than a right of ownership.

<span class="mw-page-title-main">Loi pour une République numérique</span> French law

The loi pour une République numérique is a French law first proposed by Axelle Lemaire, Secretary of State for Digital Affairs, voted on 7 October 2016.

Events in the year 1851 in Belgium.

Charles-Léon Lyon-Caen was a French jurist.

References

  1. Mulder, Cees; van Woudenberg, Roel (2022). "New Rule 56a and amendments to Rule 56 EPC - Background, requirements and consequences". epi Information.
  2. 1 2 3 "Contracting Parties > Patent Law Treaty (Total Contracting Parties: 43)". WIPO. Retrieved 29 March 2023.
  3. (in French) French Senate web site, Sénat, Session Ordinaire de 2008–2009, Annexe au procès-verbal de la séance du 14 janvier 2009, Projet de Loi autorisant la ratification du traité sur le droit des brevets, 14 January 2009. Consulted on 22 January 2009
  4. (in French) Laurent Teyssedre, Ratification du PLT, Le blog du droit européen des brevets, 20 January 2009. Consulted on 22 January 2009
  5. (in French) French Senate web site, Annexe au procès-verbal de la séance du 17 mars 2009, Rapport fait au nom de la commission des Affaires étrangères, de la défense et des forces armées sur le projet de loi autorisant la ratification du traité sur le droit des brevets, Par M. Rachel Mazuir, Sénateur
  6. (in French) Laurent Teyssedre, Ratification du PLT (suite), Le blog du droit européen des brevets, 25 March 2009. Consulted on 29 March 2009
  7. (in French) JORF n°0170 du 25 juillet 2009 page 12409, texte n° 3, LOI n° 2009-892 du 24 juillet 2009 autorisant la ratification du traité sur le droit des brevets, NOR: MAEJ0815903L
  8. CHAPTER 20: INTELLECTUAL PROPERTY RIGHTS: Section A: General Provisions (PDF).

Further reading