Common Contracts
1 similar Patent Law Treaty contracts
受験番号：24IPL002Patent Law Treaty • June 23rd, 2017
In this connection, the Patent Law Treaty (the “PLT”) stipulates “reinstatement of rights” for an applicant having lost his/her rights due to a failure to comply with a time limit for an action in a procedure, and allows the member states to choose either “Due Care” or “Unintentional” as a requirement to grant this relief (Article 12 of the PLT). National legislations according to this provision include, for example, the one in the EU which adopts the “Due Care” requirement and grants relief to an applicant who fails to comply with a time limit even though he/she has paid due care. Although Japan was not a member state of the PLT at that time, the Japanese Patent Act seems to have taken such practice into account for the sake of international harmonization and adopted a system to grant relief flexibly to applicants having filed patent applications in foreign languages and then failed to submit translations within a prescribed period.
