Patent Law Treaty1

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(adopted at Geneva on June 1, 2000)
TABLE OF CONTENTS

Article 1: Abbreviated Expressions

Article 2: General Principles

Article 3: Applications and Patents to Which the Treaty Applies

Article 4: Security Exception

Article 5: Filing Date

Article 6: Application

Article 7: Representation

Article 8: Communications; Addresses

Article 9: Notifications

Article 10: Validity of Patent; Revocation

Article 11: Relief in Respect of Time Limits

Article 12: Reinstatement of Rights After a Finding of Due Care or Unintentionality by the Office

Article 13: Correction or Addition of Priority Claim; Restoration of Priority Right

Article 14: Regulations

Article 15: Relation to the Paris Convention

Article 16: Effect of Revisions, Amendments and Modifications of the Patent Cooperation Treaty

Article 17: Assembly

Article 18: International Bureau

Article 19: Revisions

Article 20: Becoming Party to the Treaty

Article 21: Entry into Force; Effective Dates of Ratifications and Accessions

Article 22: Application of the Treaty to Existing Applications and Patents

Article 23: Reservations

Article 24: Denunciation of the Treaty

Article 25: Languages of the Treaty

Article 26: Signature of the Treaty

Article 27: Depositary; Registration
 
(i) in respect of the time limits applicable under Articles 22 and 39(1) of the Patent Cooperation Treaty in the Office of a Contracting Party;

(ii) in respect of any procedure commenced on or after the date on which processing or examination of the international application may start under Article 23 or 40 of that Treaty.

(2) [Patents] The provisions of this Treaty and the Regulations shall apply to national and regional patents for invention, and to national and regional patents of addition, which have been granted with effect for a Contracting Party.

 

Article 4
Security Exception

Nothing in this Treaty and the Regulations shall limit the freedom of a Contracting Party to take any action it deems necessary for the preservation of essential security interests.

 

Article 5
Filing Date

(1) [Elements of Application]

(a) Except as otherwise prescribed in the Regulations, and subject to paragraphs (2) to (8), a Contracting Party shall provide that the filing date of an application shall be the date on which its Office has received all of the following elements, filed, at the option of the applicant, on paper or as otherwise permitted by the Office for the purposes of the filing date:

(i) an express or implicit indication to the effect that the elements are intended to be an application;

(ii) indications allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office;

(iii) a part which on the face of it appears to be a description.

(b) A Contracting Party may, for the purposes of the filing date, accept a drawing as the element referred to in subparagraph (a)(iii).

(c) For the purposes of the filing date, a Contracting Party may require both information allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office, or it may accept evidence allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office, as the element referred to in subparagraph (a)(ii).

(2) [Language]

(a) A Contracting Party may require that the indications referred to in paragraph (1)(a)(i) and (ii) be in a language accepted by the Office.

(b) The part referred to in paragraph (1)(a)(iii) may, for the purposes of the filing date, be filed in any language.

(3) [Notification] Where the application does not comply with one or more of the requirements applied by the Contracting Party under paragraphs (1) and (2), the Office shall, as soon as practicable, notify the applicant, giving the opportunity to comply with any such requirement, and to make observations, within the time limit prescribed in the Regulations.

(4) [Subsequent Compliance with Requirements]

(a) Where one or more of the requirements applied by the Contracting Party under paragraphs (1) and (2) are not complied with in the application as initially filed, the filing date shall, subject to subparagraph (b) and paragraph (6), be the date on which all of the requirements applied by the Contracting Party under paragraphs (1) and (2) are subsequently complied with.

(b) A Contracting Party may provide that, where one or more of the requirements referred to in subparagraph (a) are not complied with within the time limit prescribed in the Regulations, the application shall be deemed not to have been filed. Where the application is deemed not to have been filed, the Office shall notify the applicant accordingly, indicating the reasons therefor.