Patent Law Treaty

PATENT LAW TREATY
adopted by the Diplomatic Conference on June 1, 2000

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PATENT LAW TREATY
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

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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

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Article 1
Abbreviated Expressions
For the purposes of this Treaty, unless expressly stated otherwise:
(i) “Office” means the authority of a Contracting Party entrusted with the
granting of patents or with other matters covered by this Treaty;
to in Article 3;

(ii) “application” means an application for the grant of a patent, as referred
(iii) “patent” means a patent as referred to in Article 3;

(iv) references to a “person” shall be construed as including, in particular,
a natural person and a legal entity;
(v) “communication” means any application, or any request, declaration,
document, correspondence or other information relating to an application or patent, whether
relating to a procedure under this Treaty or not, which is filed with the Office;
(vi) “records of the Office” means the collection of information maintained
by the Office, relating to and including the applications filed with, and the patents granted by,
that Office or another authority with effect for the Contracting Party concerned, irrespective of
the medium in which such information is maintained;
the Office;

(vii) “recordation” means any act of including information in the records of

(viii) “applicant” means the person whom the records of the Office show,
pursuant to the applicable law, as the person who is applying for the patent, or as another
person who is filing or prosecuting the application;
(ix) “owner” means the person whom the records of the Office show as the
owner of the patent;
(x) “representative” means a representative under the applicable law;
(xi) “signature” means any means of self-identification;
(xii) “a language accepted by the Office” means any one language accepted
by the Office for the relevant procedure before the Office;
(xiii) “translation” means a translation into a language or, where
appropriate, a transliteration into an alphabet or character set, accepted by the Office;
(xiv) “procedure before the Office” means any procedure in proceedings
before the Office with respect to an application or patent;

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(xv) except where the context indicates otherwise, words in the singular
include the plural, and vice versa, and masculine personal pronouns include the feminine;
(xvi) “Paris Convention” means the Paris Convention for the Protection of
Industrial Property, signed on March 20, 1883, as revised and amended;
(xvii) “Patent Cooperation Treaty” means the Patent Cooperation Treaty,
signed on June 19, 1970, together with the Regulations and the Administrative Instructions
under that Treaty, as revised, amended and modified;
(xviii) “Contracting Party” means any State or intergovernmental
organization that is party to this Treaty;
(xix) “applicable law” means, where the Contracting Party is a State, the
law of that State and, where the Contracting Party is an intergovernmental organization, the
legal enactments under which that intergovernmental organization operates;
(xx) “instrument of ratification” shall be construed as including
instruments of acceptance or approval;

Organization;

(xxi)

“Organization” means the World Intellectual Property Organization;

(xxii)

“International Bureau” means the International Bureau of the

(xxiii)

“Director General” means the Director General of the Organization.

Article 2
General Principles
(1) [More Favorable Requirements] A Contracting Party shall be free to provide for
requirements which, from the viewpoint of applicants and owners, are more favorable than the
requirements referred to in this Treaty and the Regulations, other than Article 5.
(2) [No Regulation of Substantive Patent Law] Nothing in this Treaty or the Regulations
is intended to be construed as prescribing anything that would limit the freedom of a Contracting
Party to prescribe such requirements of the applicable substantive law relating to patents as it
desires.

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Article 3
Applications and Patents to Which the Treaty Applies
(1) [Applications] (a) The provisions of this Treaty and the Regulations shall apply
to national and regional applications for patents for invention and for patents of addition,
which are filed with or for the Office of a Contracting Party, and which are:
(i) types of applications permitted to be filed as international applications
under the Patent Cooperation Treaty;
(ii) divisional applications of the types of applications referred to in
item (i), for patents for invention or for patents of addition, as referred to in Article 4G(1)
or (2) of the Paris Convention.
(b) Subject to the provisions of the Patent Cooperation Treaty, the provisions
of this Treaty and the Regulations shall apply to international applications, for patents for
invention and for patents of addition, under the Patent Cooperation Treaty:
(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.

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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.

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(5) [Notification Concerning Missing Part of Description or Drawing] Where, in
establishing the filing date, the Office finds that a part of the description appears to be missing
from the application, or that the application refers to a drawing which appears to be missing
from the application, the Office shall promptly notify the applicant accordingly.
(6) [Filing Date Where Missing Part of Description or Drawing Is Filed] (a) Where
a missing part of the description or a missing drawing is filed with the Office within the time
limit prescribed in the Regulations, that part of the description or drawing shall be included in
the application, and, subject to subparagraphs (b) and (c), the filing date shall be the date on
which the Office has received that part of the description or that drawing, or the date on which
all of the requirements applied by the Contracting Party under paragraphs (1) and (2) are
complied with, whichever is later.
(b) Where the missing part of the description or the missing drawing is filed
under subparagraph (a) to rectify its omission from an application which, at the date on which
one or more elements referred to in paragraph (1)(a) were first received by the Office, claims
the priority of an earlier application, the filing date shall, upon the request of the applicant
filed within a time limit prescribed in the Regulations, and subject to the requirements
prescribed in the Regulations, be the date on which all the requirements applied by the
Contracting Party under paragraphs (1) and (2) are complied with.
(c) Where the missing part of the description or the missing drawing filed
under subparagraph (a) is withdrawn within a time limit fixed by the Contracting Party, the
filing date shall be the date on which the requirements applied by the Contracting Party under
paragraphs (1) and (2) are complied with.
(7) [Replacing Description and Drawings by Reference to a Previously Filed
Application] (a) Subject to the requirements prescribed in the Regulations, a reference, made
upon the filing of the application, in a language accepted by the Office, to a previously filed
application shall, for the purposes of the filing date of the application, replace the description
and any drawings.
(b) Where the requirements referred to in subparagraph (a) are not complied
with, the application may 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.
(8)

[Exceptions] Nothing in this Article shall limit:

(i) the right of an applicant under Article 4G(1) or (2) of the Paris
Convention to preserve, as the date of a divisional application referred to in that Article, the
date of the initial application referred to in that Article and the benefit of the right of priority,
if any;
(ii) the freedom of a Contracting Party to apply any requirements
necessary to accord the benefit of the filing date of an earlier application to an application of
any type prescribed in the Regulations.

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Article 6
Application
(1) [Form or Contents of Application] Except where otherwise provided for by this
Treaty, no Contracting Party shall require compliance with any requirement relating to the
form or contents of an application different from or additional to:
(i) the requirements relating to form or contents which are provided for in
respect of international applications under the Patent Cooperation Treaty;
(ii) the requirements relating to form or contents compliance with which,
under the Patent Cooperation Treaty, may be required by the Office of, or acting for, any State
party to that Treaty once the processing or examination of an international application, as
referred to in Article 23 or 40 of the said Treaty, has started;
(iii) any further requirements prescribed in the Regulations.
(2) [Request Form] (a) A Contracting Party may require that the contents of an
application which correspond to the contents of the request of an international application
under the Patent Cooperation Treaty be presented on a request Form prescribed by that
Contracting Party. A Contracting Party may also require that any further contents allowed
under paragraph (1)(ii) or prescribed in the Regulations pursuant to paragraph (1)(iii) be
contained in that request Form.
(b) Notwithstanding subparagraph (a), and subject to Article 8(1), a Contracting
Party shall accept the presentation of the contents referred to in subparagraph (a) on a request
Form provided for in the Regulations.
(3) [Translation] A Contracting Party may require a translation of any part of the
application that is not in a language accepted by its Office. A Contracting Party may also
require a translation of the parts of the application, as prescribed in the Regulations, that are in
a language accepted by the Office, into any other languages accepted by that Office.
(4) [Fees] A Contracting Party may require that fees be paid in respect of the
application. A Contracting Party may apply the provisions of the Patent Cooperation Treaty
relating to payment of application fees.
(5) [Priority Document] Where the priority of an earlier application is claimed, a
Contracting Party may require that a copy of the earlier application, and a translation where
the earlier application is not in a language accepted by the Office, be filed in accordance with
the requirements prescribed in the Regulations.
(6) [Evidence] A Contracting Party may require that evidence in respect of any
matter referred to in paragraph (1) or (2) or in a declaration of priority, or any translation
referred to in paragraph (3) or (5), be filed with its Office in the course of the processing of
the application only where that Office may reasonably doubt the veracity of that matter or the
accuracy of that translation.

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(7) [Notification] Where one or more of the requirements applied by the Contracting
Party under paragraphs (1) to (6) are not complied with, the Office shall notify the applicant,
giving the opportunity to comply with any such requirement, and to make observations, within
the time limit prescribed in the Regulations.
(8) [Non-Compliance with Requirements] (a) Where one or more of the
requirements applied by the Contracting Party under paragraphs (1) to (6) are not complied
with within the time limit prescribed in the Regulations, the Contracting Party may, subject to
subparagraph (b) and Articles 5 and 10, apply such sanction as is provided for in its law.
(b) Where any requirement applied by the Contracting Party under
paragraph (1), (5) or (6) in respect of a priority claim is not complied with within the time
limit prescribed in the Regulations, the priority claim may, subject to Article 13, be deemed
non-existent. Subject to Article 5(7)(b), no other sanctions may be applied.

Article 7
Representation
(1) [Representatives] (a) A Contracting Party may require that a representative
appointed for the purposes of any procedure before the Office:
(i) have the right, under the applicable law, to practice before the Office
in respect of applications and patents;
(ii) provide, as his address, an address on a territory prescribed by the
Contracting Party.
(b) Subject to subparagraph (c), an act, with respect to any procedure before
the Office, by or in relation to a representative who complies with the requirements applied by
the Contracting Party under subparagraph (a), shall have the effect of an act by or in relation
to the applicant, owner or other interested person who appointed that representative.
(c) A Contracting Party may provide that, in the case of an oath or declaration
or the revocation of a power of attorney, the signature of a representative shall not have the
effect of the signature of the applicant, owner or other interested person who appointed that
representative.

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(2) [Mandatory Representation] (a) A Contracting Party may require that an
applicant, owner or other interested person appoint a representative for the purposes of any
procedure before the Office, except that an assignee of an application, an applicant, owner or
other interested person may act himself before the Office for the following procedures:
(i) the filing of an application for the purposes of the filing date;
(ii) the mere payment of a fee;
(iii) any other procedure as prescribed in the Regulations;
(iv) the issue of a receipt or notification by the Office in respect of any
procedure referred to in items (i) to (iii).
(b)

A maintenance fee may be paid by any person.

(3) [Appointment of Representative] A Contracting Party shall accept that the
appointment of the representative be filed with the Office in a manner prescribed in the
Regulations.
(4) [Prohibition of Other Requirements] No Contracting Party may require that
formal requirements other than those referred to in paragraphs (1) to (3) be complied with in
respect of the matters dealt with in those paragraphs, except where otherwise provided for by
this Treaty or prescribed in the Regulations.
(5) [Notification] Where one or more of the requirements applied by the Contracting
Party under paragraphs (1) to (3) are not complied with, the Office shall notify the assignee of
the application, applicant, owner or other interested person, giving the opportunity to comply
with any such requirement, and to make observations, within the time limit prescribed in the
Regulations.
(6) [Non-Compliance with Requirements] Where one or more of the requirements
applied by the Contracting Party under paragraphs (1) to (3) are not complied with within the
time limit prescribed in the Regulations, the Contracting Party may apply such sanction as is
provided for in its law.

Article 8
Communications; Addresses
(1) [Form and Means of Transmittal of Communications] (a) Except for the
establishment of a filing date under Article 5(1), and subject to Article 6(1), the Regulations
shall, subject to subparagraphs (b) to (d), set out the requirements which a Contracting Party
shall be permitted to apply as regards the form and means of transmittal of communications.

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(b) No Contracting Party shall be obliged to accept the filing of
communications other than on paper.
(c) No Contracting Party shall be obliged to exclude the filing of
communications on paper.
(d) A Contracting Party shall accept the filing of communications on paper for
the purpose of complying with a time limit.
(2) [Language of Communications] A Contracting Party may, except where
otherwise provided for by this Treaty or the Regulations, require that a communication be in a
language accepted by the Office.
(3) [Model International Forms] Notwithstanding paragraph (1)(a), and subject to
paragraph (1)(b) and Article 6(2)(b), a Contracting Party shall accept the presentation of the
contents of a communication on a Form which corresponds to a Model International Form in
respect of such a communication provided for in the Regulations, if any.
(4) [Signature of Communications] (a) Where a Contracting Party requires a
signature for the purposes of any communication, that Contracting Party shall accept any
signature that complies with the requirements prescribed in the Regulations.
(b) No Contracting Party may require the attestation, notarization,
authentication, legalization or other certification of any signature which is communicated to
its Office, except in respect of any quasi-judicial proceedings or as prescribed in the
Regulations.
(c) Subject to subparagraph (b), a Contracting Party may require that evidence
be filed with the Office only where the Office may reasonably doubt the authenticity of any
signature.
(5) [Indications in Communications] A Contracting Party may require that any
communication contain one or more indications prescribed in the Regulations.
(6) [Address for Correspondence, Address for Legal Service and Other Address] A
Contracting Party may, subject to any provisions prescribed in the Regulations, require that an
applicant, owner or other interested person indicate in any communication:
(i) an address for correspondence;
(ii) an address for legal service;
(iii) any other address provided for in the Regulations.
(7) [Notification] Where one or more of the requirements applied by the Contracting
Party under paragraphs (1) to (6) are not complied with in respect of communications, the
Office shall notify the applicant, owner or other interested person, giving the opportunity to
comply with any such requirement, and to make observations, within the time limit prescribed
in the Regulations.

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(8) [Non-Compliance with Requirements] Where one or more of the requirements
applied by the Contracting Party under paragraphs (1) to (6) are not complied with within the
time limit prescribed in the Regulations, the Contracting Party may, subject to Articles 5
and 10 and to any exceptions prescribed in the Regulations, apply such sanction as is provided
for in its law.

Article 9
Notifications
(1) [Sufficient Notification] Any notification under this Treaty or the Regulations
which is sent by the Office to an address for correspondence or address for legal service
indicated under Article 8(6), or any other address provided for in the Regulations for the
purpose of this provision, and which complies with the provisions with respect to that
notification, shall constitute a sufficient notification for the purposes of this Treaty and the
Regulations.
(2) [If Indications Allowing Contact Were Not Filed] Nothing in this Treaty and in
the Regulations shall oblige a Contracting Party to send a notification to an applicant, owner
or other interested person, if indications allowing that applicant, owner or other interested
person to be contacted have not been filed with the Office.
(3) [Failure to Notify] Subject to Article 10(1), where an Office does not notify an
applicant, owner or other interested person of a failure to comply with any requirement under
this Treaty or the Regulations, that absence of notification does not relieve that applicant,
owner or other interested person of the obligation to comply with that requirement.

Article 10
Validity of Patent; Revocation
(1) [Validity of Patent Not Affected by Non-Compliance with Certain Formal
Requirements] Non-compliance with one or more of the formal requirements referred to in
Articles 6(1), (2), (4) and (5) and 8(1) to (4) with respect to an application may not be a
ground for revocation or invalidation of a patent, either totally or in part, except where the
non-compliance with the formal requirement occurred as a result of a fraudulent intention.
(2) [Opportunity to Make Observations, Amendments or Corrections in Case of
Intended Revocation or Invalidation] A patent may not be revoked or invalidated, either
totally or in part, without the owner being given the opportunity to make observations on the
intended revocation or invalidation, and to make amendments and corrections where
permitted under the applicable law, within a reasonable time limit.

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(3) [No Obligation for Special Procedures] Paragraphs (1) and (2) do not create any
obligation to put in place judicial procedures for the enforcement of patent rights distinct from
those for the enforcement of law in general.

Article 11
Relief in Respect of Time Limits
(1) [Extension of Time Limits] A Contracting Party may provide for the extension,
for the period prescribed in the Regulations, of a time limit fixed by the Office for an action in
a procedure before the Office in respect of an application or a patent, if a request to that effect
is made to the Office in accordance with the requirements prescribed in the Regulations, and
the request is filed, at the option of the Contracting Party:
(i) prior to the expiration of the time limit; or
(ii) after the expiration of the time limit, and within the time limit
prescribed in the Regulations.
(2) [Continued Processing] Where an applicant or owner has failed to comply with a
time limit fixed by the Office of a Contracting Party for an action in a procedure before the
Office in respect of an application or a patent, and that Contracting Party does not provide for
extension of a time limit under paragraph (1)(ii), the Contracting Party shall provide for
continued processing with respect to the application or patent and, if necessary, reinstatement
of the rights of the applicant or owner with respect to that application or patent, if:
(i) a request to that effect is made to the Office in accordance with the
requirements prescribed in the Regulations;
(ii) the request is filed, and all of the requirements in respect of which the
time limit for the action concerned applied are complied with, within the time limit prescribed
in the Regulations.
(3) [Exceptions] No Contracting Party shall be required to provide for the relief
referred to in paragraph (1) or (2) with respect to the exceptions prescribed in the Regulations.
(4) [Fees] A Contracting Party may require that a fee be paid in respect of a request
under paragraph (1) or (2).
(5) [Prohibition of Other Requirements] No Contracting Party may require that
requirements other than those referred to in paragraphs (1) to (4) be complied with in respect
of the relief provided for under paragraph (1) or (2), except where otherwise provided for by
this Treaty or prescribed in the Regulations.

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(6) [Opportunity to Make Observations in Case of Intended Refusal] A request under
paragraph (1) or (2) may not be refused without the applicant or owner being given the
opportunity to make observations on the intended refusal within a reasonable time limit.

Article 12
Reinstatement of Rights After a Finding of Due Care
or Unintentionality by the Office
(1) [Request] A Contracting Party shall provide that, where an applicant or owner has
failed to comply with a time limit for an action in a procedure before the Office, and that
failure has the direct consequence of causing a loss of rights with respect to an application or
patent, the Office shall reinstate the rights of the applicant or owner with respect to the
application or patent concerned, if:
(i) a request to that effect is made to the Office in accordance with the
requirements prescribed in the Regulations;
(ii) the request is filed, and all of the requirements in respect of which the
time limit for the said action applied are complied with, within the time limit prescribed in the
Regulations;
limit; and

(iii) the request states the reasons for the failure to comply with the time

(iv) the Office finds that the failure to comply with the time limit occurred
in spite of due care required by the circumstances having been taken or, at the option of the
Contracting Party, that any delay was unintentional.
(2) [Exceptions] No Contracting Party shall be required to provide for the
reinstatement of rights under paragraph (1) with respect to the exceptions prescribed in the
Regulations.
(3) [Fees] A Contracting Party may require that a fee be paid in respect of a request
under paragraph (1).
(4) [Evidence] A Contracting Party may require that a declaration or other evidence
in support of the reasons referred to in paragraph (1)(iii) be filed with the Office within a time
limit fixed by the Office.
(5) [Opportunity to Make Observations in Case of Intended Refusal] A request under
paragraph (1) may not be refused, totally or in part, without the requesting party being given
the opportunity to make observations on the intended refusal within a reasonable time limit.

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Article 13
Correction or Addition of Priority Claim; Restoration of Priority Right
(1) [Correction or Addition of Priority Claim] Except where otherwise prescribed in
the Regulations, a Contracting Party shall provide for the correction or addition of a priority
claim with respect to an application (“the subsequent application”), if:
(i) a request to that effect is made to the Office in accordance with the
requirements prescribed in the Regulations;
and

(ii) the request is filed within the time limit prescribed in the Regulations;

(iii) the filing date of the subsequent application is not later than the date
of the expiration of the priority period calculated from the filing date of the earliest
application whose priority is claimed.
(2) [Delayed Filing of the Subsequent Application] Taking into consideration
Article 15, a Contracting Party shall provide that, where an application (“the subsequent
application”) which claims or could have claimed the priority of an earlier application has a
filing date which is later than the date on which the priority period expired, but within the
time limit prescribed in the Regulations, the Office shall restore the right of priority, if:
(i) a request to that effect is made to the Office in accordance with the
requirements prescribed in the Regulations;
(ii) the request is filed within the time limit prescribed in the Regulations;
period; and

(iii) the request states the reasons for the failure to comply with the priority

(iv) the Office finds that the failure to file the subsequent application
within the priority period occurred in spite of due care required by the circumstances having
been taken or, at the option of the Contracting Party, was unintentional.
(3) [Failure to File a Copy of Earlier Application] A Contracting Party shall provide
that, where a copy of an earlier application required under Article 6(5) is not filed with the
Office within the time limit prescribed in the Regulations pursuant to Article 6, the Office
shall restore the right of priority, if:
(i) a request to that effect is made to the Office in accordance with the
requirements prescribed in the Regulations;
(ii) the request is filed within the time limit for filing the copy of the
earlier application prescribed in the Regulations pursuant to Article 6(5);

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(iii) the Office finds that the request for the copy to be provided had been
filed with the Office with which the earlier application was filed, within the time limit
prescribed in the Regulations; and
(iv) a copy of the earlier application is filed within the time limit
prescribed in the Regulations.
(4) [Fees] A Contracting Party may require that a fee be paid in respect of a request
under paragraphs (1) to (3).
(5) [Evidence] A Contracting Party may require that a declaration or other evidence
in support of the reasons referred to in paragraph (2)(iii) be filed with the Office within a time
limit fixed by the Office.
(6) [Opportunity to Make Observations in Case of Intended Refusal] A request under
paragraphs (1) to (3) may not be refused, totally or in part, without the requesting party being
given the opportunity to make observations on the intended refusal within a reasonable time
limit.

Article 14
Regulations
(1)

[Content] (a) The Regulations annexed to this Treaty provide rules concerning:

the Regulations”;

(i) matters which this Treaty expressly provides are to be “prescribed in
(ii) details useful in the implementation of the provisions of this Treaty;
(iii) administrative requirements, matters or procedures.

(b) The Regulations also provide rules concerning the formal requirements
which a Contracting Party shall be permitted to apply in respect of requests for:
(i) recordation of change in name or address;
(ii) recordation of change in applicant or owner;
(iii) recordation of a license or a security interest;
(iv) correction of a mistake.
(c) The Regulations also provide for the establishment of Model International
Forms, and for the establishment of a request Form for the purposes of Article 6(2)(b), by the
Assembly, with the assistance of the International Bureau.

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(2) [Amending the Regulations] Subject to paragraph (3), any amendment of the
Regulations shall require three-fourths of the votes cast.
(3) [Requirement of Unanimity] (a) The Regulations may specify provisions of the
Regulations which may be amended only by unanimity.
(b) Any amendment of the Regulations resulting in the addition of provisions
to, or the deletion of provisions from, the provisions specified in the Regulations pursuant to
subparagraph (a) shall require unanimity.
(c) In determining whether unanimity is attained, only votes actually cast shall
be taken into consideration. Abstentions shall not be considered as votes.
(4) [Conflict Between the Treaty and the Regulations] In the case of conflict
between the provisions of this Treaty and those of the Regulations, the former shall prevail.

Article 15
Relation to the Paris Convention
(1) [Obligation to Comply with the Paris Convention] Each Contracting Party shall
comply with the provisions of the Paris Convention which concern patents.
(2) [Obligations and Rights Under the Paris Convention] (a) Nothing in this Treaty
shall derogate from obligations that Contracting Parties have to each other under the Paris
Convention.
(b) Nothing in this Treaty shall derogate from rights that applicants and owners
enjoy under the Paris Convention.

Article 16
Effect of Revisions, Amendments and Modifications of the Patent Cooperation Treaty
(1) [Applicability of Revisions, Amendments and Modifications of the Patent
Cooperation Treaty] Subject to paragraph (2), any revision, amendment or modification of
the Patent Cooperation Treaty made after June 2, 2000, which is consistent with the Articles
of this Treaty, shall apply for the purposes of this Treaty and the Regulations if the Assembly
so decides, in the particular case, by three-fourths of the votes cast.

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(2) [Non-Applicability of Transitional Provisions of the Patent Cooperation Treaty]
Any provision of the Patent Cooperation Treaty, by virtue of which a revised, amended or
modified provision of that Treaty does not apply to a State party to it, or to the Office of or
acting for such a State, for as long as the latter provision is incompatible with the law applied
by that State or Office, shall not apply for the purposes of this Treaty and the Regulations.

Article 17
Assembly
(1)

[Composition] (a) The Contracting Parties shall have an Assembly.

(b) Each Contracting Party shall be represented in the Assembly by one
delegate, who may be assisted by alternate delegates, advisors and experts. Each delegate may
represent only one Contracting Party.
(2)

[Tasks] The Assembly shall:

(i) deal with matters concerning the maintenance and development of this
Treaty and the application and operation of this Treaty;
(ii) establish Model International Forms, and the request Form, referred to
in Article 14(1)(c), with the assistance of the International Bureau;
(iii) amend the Regulations;
(iv) determine the conditions for the date of application of each Model
International Form, and the request Form, referred to in item (ii), and each amendment
referred to in item (iii);
(v) decide, pursuant to Article 16(1), whether any revision, amendment or
modification of the Patent Cooperation Treaty shall apply for the purposes of this Treaty and
the Regulations;
(vi) perform such other functions as are appropriate under this Treaty.
(3) [Quorum] (a) One-half of the members of the Assembly which are States shall
constitute a quorum.
(b) Notwithstanding subparagraph (a), if, in any session, the number of the
members of the Assembly which are States and are represented is less than one-half but equal
to or more than one-third of the members of the Assembly which are States, the Assembly
may make decisions but, with the exception of decisions concerning its own procedure, all
such decisions shall take effect only if the conditions set forth hereinafter are fulfilled. The
International Bureau shall communicate the said decisions to the members of the Assembly
which are States and were not represented and shall invite them to express in writing their

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vote or abstention within a period of three months from the date of the communication. If, at
the expiration of this period, the number of such members having thus expressed their vote or
abstention attains the number of the members which was lacking for attaining the quorum in
the session itself, such decisions shall take effect, provided that at the same time the required
majority still obtains.
(4) [Taking Decisions in the Assembly] (a) The Assembly shall endeavor to take its
decisions by consensus.
(b) Where a decision cannot be arrived at by consensus, the matter at issue shall
be decided by voting. In such a case:
(i) each Contracting Party that is a State shall have one vote and shall
vote only in its own name; and
(ii) any Contracting Party that is an intergovernmental organization may
participate in the vote, in place of its Member States, with a number of votes equal to the
number of its Member States which are party to this Treaty. No such intergovernmental
organization shall participate in the vote if any one of its Member States exercises its right to
vote and vice versa. In addition, no such intergovernmental organization shall participate in
the vote if any one of its Member States party to this Treaty is a Member State of another such
intergovernmental organization and that other intergovernmental organization participates in
that vote.
(5) [Majorities] (a) Subject to Articles 14(2) and (3), 16(1) and 19(3), the decisions
of the Assembly shall require two-thirds of the votes cast.
(b) In determining whether the required majority is attained, only votes actually
cast shall be taken into consideration. Abstentions shall not be considered as votes.
(6) [Sessions] The Assembly shall meet in ordinary session once every two years
upon convocation by the Director General.
(7) [Rules of Procedure] The Assembly shall establish its own rules of procedure,
including rules for the convocation of extraordinary sessions.

Article 18
International Bureau
(1) [Administrative Tasks] (a) The International Bureau shall perform the
administrative tasks concerning this Treaty.
(b) In particular, the International Bureau shall prepare the meetings and
provide the secretariat of the Assembly and of such committees of experts and working groups
as may be established by the Assembly.

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(2) [Meetings Other than Sessions of the Assembly] The Director General shall
convene any committee and working group established by the Assembly.
(3) [Role of the International Bureau in the Assembly and Other Meetings] (a) The
Director General and persons designated by the Director General shall participate, without the
right to vote, in all meetings of the Assembly, the committees and working groups established
by the Assembly.
(b) The Director General or a staff member designated by the Director General
shall be ex officio secretary of the Assembly, and of the committees and working groups
referred to in subparagraph (a).
(4) [Conferences] (a) The International Bureau shall, in accordance with the
directions of the Assembly, make the preparations for any revision conferences.
(b) The International Bureau may consult with member States of the
Organization, intergovernmental organizations and international and national
non-governmental organizations concerning the said preparations.
(c) The Director General and persons designated by the Director General shall
take part, without the right to vote, in the discussions at revision conferences.
(5) [Other Tasks] The International Bureau shall carry out any other tasks assigned to
it in relation to this Treaty.

Article 19
Revisions
(1) [Revision of the Treaty] Subject to paragraph (2), this Treaty may be revised by a
conference of the Contracting Parties. The convocation of any revision conference shall be
decided by the Assembly.
(2) [Revision or Amendment of Certain Provisions of the Treaty] Article 17(2)
and (6) may be amended either by a revision conference, or by the Assembly according to the
provisions of paragraph (3).
(3) [Amendment by the Assembly of Certain Provisions of the Treaty] (a) Proposals
for the amendment by the Assembly of Article 17(2) and (6) may be initiated by any
Contracting Party or by the Director General. Such proposals shall be communicated by the
Director General to the Contracting Parties at least six months in advance of their
consideration by the Assembly.
(b) Adoption of any amendment to the provisions referred to in
subparagraph (a) shall require three-fourths of the votes cast.

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(c) Any amendment to the provisions referred to in subparagraph (a) shall enter
into force one month after written notifications of acceptance, effected in accordance with
their respective constitutional processes, have been received by the Director General from
three-fourths of the Contracting Parties which were members of the Assembly at the time the
Assembly adopted the amendment. Any amendment to the said provisions thus accepted shall
bind all the Contracting Parties at the time the amendment enters into force, and States and
intergovernmental organizations which become Contracting Parties at a subsequent date.

Article 20
Becoming Party to the Treaty
(1) [States] Any State which is party to the Paris Convention or which is a member
of the Organization, and in respect of which patents may be granted, either through the State’s
own Office or through the Office of another State or intergovernmental organization, may
become party to this Treaty.
(2) [Intergovernmental Organizations] Any intergovernmental organization may
become party to this Treaty if at least one member State of that intergovernmental
organization is party to the Paris Convention or a member of the Organization, and the
intergovernmental organization declares that it has been duly authorized, in accordance with
its internal procedures, to become party to this Treaty, and declares that:
(i) it is competent to grant patents with effect for its member States; or
(ii) it is competent in respect of, and has its own legislation binding on all
its member States concerning, matters covered by this Treaty, and it has, or has charged, a
regional Office for the purpose of granting patents with effect in its territory in accordance
with that legislation.
Subject to paragraph (3), any such declaration shall be made at the time of the deposit of the
instrument of ratification or accession.
(3) [Regional Patent Organizations] The European Patent Organisation, the
Eurasian Patent Organization and the African Regional Industrial Property Organization,
having made the declaration referred to in paragraph (2)(i) or (ii) in the Diplomatic
Conference that has adopted this Treaty, may become party to this Treaty as an
intergovernmental organization, if it declares, at the time of the deposit of the instrument of
ratification or accession that it has been duly authorized, in accordance with its internal
procedures, to become party to this Treaty.

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(4) [Ratification or Accession] Any State or intergovernmental organization
satisfying the requirements in paragraph (1), (2) or (3) may deposit:
(i) an instrument of ratification if it has signed this Treaty; or
(ii) an instrument of accession if it has not signed this Treaty.

Article 21
Entry into Force; Effective Dates of Ratifications and Accessions
(1) [Entry into Force of this Treaty] This Treaty shall enter into force three months
after ten instruments of ratification or accession by States have been deposited with the
Director General.
(2)

[Effective Dates of Ratifications and Accessions] This Treaty shall bind:

(i) the ten States referred to in paragraph (1), from the date on which this
Treaty has entered into force;
(ii) each other State, from the expiration of three months after the date on
which the State has deposited its instrument of ratification or accession with the Director
General, or from any later date indicated in that instrument, but no later than six months after
the date of such deposit;
(iii) each of the European Patent Organisation, the Eurasian Patent
Organization and the African Regional Industrial Property Organization, from the expiration
of three months after the deposit of its instrument of ratification or accession, or from any
later date indicated in that instrument, but no later than six months after the date of such
deposit, if such instrument has been deposited after the entry into force of this Treaty
according to paragraph (1), or three months after the entry into force of this Treaty if such
instrument has been deposited before the entry into force of this Treaty;
(iv) any other intergovernmental organization that is eligible to become
party to this Treaty, from the expiration of three months after the deposit of its instrument of
ratification or accession, or from any later date indicated in that instrument, but no later than
six months after the date of such deposit.

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Article 22
Application of the Treaty to Existing Applications and Patents
(1) [Principle] Subject to paragraph (2), a Contracting Party shall apply the
provisions of this Treaty and the Regulations, other than Articles 5 and 6(1) and (2) and
related Regulations, to applications which are pending, and to patents which are in force, on
the date on which this Treaty binds that Contracting Party under Article 21.
(2) [Procedures] No Contracting Party shall be obliged to apply the provisions of this
Treaty and the Regulations to any procedure in proceedings with respect to applications and
patents referred to in paragraph (1), if such procedure commenced before the date on which
this Treaty binds that Contracting Party under Article 21.

Article 23
Reservations
(1) [Reservation] Any State or intergovernmental organization may declare through a
reservation that the provisions of Article 6(1) shall not apply to any requirement relating to
unity of invention applicable under the Patent Cooperation Treaty to an international
application.
(2) [Modalities] Any reservation under paragraph (1) shall be made in a declaration
accompanying the instrument of ratification of, or accession to, this Treaty of the State or
intergovernmental organization making the reservation.
(3)

[Withdrawal] Any reservation under paragraph (1) may be withdrawn at any time.

(4) [Prohibition of Other Reservations] No reservation to this Treaty other than the
reservation allowed under paragraph (1) shall be permitted.

Article 24
Denunciation of the Treaty
(1) [Notification] Any Contracting Party may denounce this Treaty by notification
addressed to the Director General.

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(2) [Effective Date] Any denunciation shall take effect one year from the date on
which the Director General has received the notification or at any later date indicated in the
notification. It shall not affect the application of this Treaty to any application pending or any
patent in force in respect of the denouncing Contracting Party at the time of the coming into
effect of the denunciation.

Article 25
Languages of the Treaty
(1) [Authentic Texts] This Treaty is signed in a single original in the English, Arabic,
Chinese, French, Russian and Spanish languages, all texts being equally and exclusively
authentic.
(2) [Official Texts] An official text in any language other than those referred to in
paragraph (1) shall be established by the Director General, after consultation with the
interested parties. For the purposes of this paragraph, interested party means any State which
is party to the Treaty, or is eligible to become party to the Treaty under Article 20(1), whose
official language, or one of whose official languages, is involved, and the European Patent
Organisation, the Eurasian Patent Organization and the African Regional Industrial Property
Organization and any other intergovernmental organization that is party to the Treaty, or may
become party to the Treaty, if one of its official languages is involved.
(3) [Authentic Texts to Prevail] In case of differences of opinion on interpretation
between authentic and official texts, the authentic texts shall prevail.

Article 26
Signature of the Treaty
The Treaty shall remain open for signature by any State that is eligible for becoming
party to the Treaty under Article 20(1) and by the European Patent Organisation, the Eurasian
Patent Organization and the African Regional Industrial Property Organization at the
headquarters of the Organization for one year after its adoption.

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Article 27
Depositary; Registration
(1)

[Depositary] The Director General is the depositary of this Treaty.

(2) [Registration] The Director General shall register this Treaty with the Secretariat
of the United Nations.