What is the Patent Law Treaties Implementation Act (PLTIA) and how does it affect benefit claims?

The Patent Law Treaties Implementation Act (PLTIA) is legislation that affects benefit claims, particularly those related to provisional applications. Key points include:

• Effective from December 18, 2013
• Provides for restoration of the right to claim benefit of a provisional application filed after the expiration of the twelve-month period in 35 U.S.C. 119(e)
• May allow applicants to claim benefit to provisional applications that would have otherwise been time-barred

As stated in MPEP 2133.02(a): “Note, however, effective December 18, 2013, title II of the Patent Law Treaties Implementation Act (PLTIA) provides for restoration of the right to claim benefit of a provisional application filed after the expiration of the twelve-month period in 35 U.S.C. 119(e).”

For more details on this provision, refer to MPEP § 211.01(a), subsection II.

To learn more:

• PLTIA
• provisional application
• benefit claim
• 35 U.S.C. 119(e)