Patent Law Treaty (PLT)

On 23 November, the Government agreed to send the proposal for ratification of the Patent Law Treaty (PLT) to Parliament. Once it has received the support of both houses and has been published in the Official State Bulletin, it will be fully applicable in Spain.

This Treaty, adopted on 1 June 2000, aims to harmonise national formalities for applying for and maintaining patents as well as additional matters such as communications or representation. For this purpose, it establishes certain minimum requirements for obtaining a filing date, international formal requirements, standardised forms and simplified procedures. However, it does not achieve substantial harmonisation with the different international laws on patents.

Harmonisation with neighbouring countries
Once ratification goes ahead, Spain will have achieved harmonisation with neighbouring countries regarding patent formalities. This will not only reduce administrative burdens but will bring us closer to the practices followed in other legal systems and will make the patent application system more flexible, avoiding any prejudice to national applicants.

Finally, it should be stressed that this is the right time to ratify the PLT in Spain because, together with the Patent Cooperation Treaty (PCT), the main requirements are now aligned. The OEPM, in its capacity as the receiving office for international applications in the framework of the PCT, is already working in line with many of the formal requirements of the PLT.

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