Out-Law / Your Daily Need-To-Know

New Patent Law Treaty aims to harmonise international patent procedures. Among the proposals is one to allow filing patent applications by e-mail.
Negotiators will meet tomorrow with the World Intellectual Property Organisation (WIPO) to finalise The Patent Law Treaty, a treaty which will harmonise international patent procedures. Among the proposals is one to allow filing patent applications by e-mail.

Dr. Kamil Idris, WIPO Director General, said "A streamlined and user-friendly patent application system will translate into lower costs for users, making the industrial property system even more accessible to nationals of developing countries, small and medium-sized enterprises and national and individual inventors."

The treaty does not attempt to harmonise patent laws so, for example, it will not mean that software is to be patentable in the UK. Instead, the approach is more to the administrative side of the patent process.

At present, inventors seeking patent protection must follow certain rules. Some inventors lose their potential right to a patent because they make mistakes with these rules. The rules vary from country to country, which compounds the difficulty for the inventor. The treaty will simplify the rules and make them the same in all participating countries. Some of the intended advantages of the new treaty are:

  • Use of standardised forms and procedures to reduce the risk of error;
  • Cost reductions for inventors and applicants;
  • Elimination of some complicated procedures; and
  • Electronic filing of patent applications.

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