The Patent Cooperation Treaty was signed in Washington on 19 June 1970, at the close of the diplomatic conference opened on 25 May, in a single original, the English and French texts being equally authentic. It remained open for signature at Washington until 31 December 1970. Depositary: the Director General of the World Intellectual Property Organization. It is not the Paris Convention for the Protection of Industrial Property, whose rights Article 1(2) leaves untouched. UNTS No. 18336.
Article 1: the Contracting States constitute the International Patent Cooperation Union, for cooperation in the filing, searching and examination of applications for the protection of inventions and for special technical services. Article 3, at framework level: the international application. The Treaty does not grant an “international patent”; grant remains with national or regional Offices. A filing handbook, a fee calculator and a compulsory-licence mechanism are not transcribed.
Chapters I–II, at framework level: the international application establishes a filing date; the International Bureau publishes; an International Searching Authority draws up a report; Chapter II provides, optionally, for an international preliminary examination. The national or regional phase follows later. Article 53: the Assembly of the Union.
Article 62: States members of the Paris Union may become party by signature followed by ratification or by accession; instruments are deposited with the Director General. Article 63: it enters into force three months after eight instruments have been deposited, provided that at least four of those States fulfil the prescribed patenting-activity thresholds; Chapter II applies separately. UNTS: 24 January 1978, with the exception of Chapter II. Article 67: official texts in German, Japanese, Portuguese, Russian and Spanish, and such other languages as the Assembly may designate. Later modifications: 1979, 1984, 2001.
Cover: the United States Department of State building in Washington, the conference city; we do not claim the hall. Wikimedia Commons, free licence.
Sources consulted: Patent Cooperation Treaty; Patent Cooperation Treaty (WIPO).
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