Kappos pushes for grace period, Hague implementation

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Kappos pushes for grace period, Hague implementation

At an AIA oversight hearing before the Senate Judiciary Committee Wednesday, USPTO director David Kappos focused on the path to international harmonisation

In particular, he emphasised the importance of other countries adopting a grace period and the US implementing several outstanding treaties.

Noting that he has met with several heads of patent offices around the world recently, Kappos said: “During these conversations, I stressed that a key requirement in realising international harmonisation is overseas adoption of a modern grace period,” Kappos told the committee. “Grace periods have been adopted in many patent systems throughout the world and are recognised as a global best practice.”

Under the AIA, innovators have a full year to apply for a patent after they have disclosed the invention without losing the ability to obtain the patent. This is to shield them from being gamed by a first-to-file system.

Kappos also discussed two treaties – the Patent Law Treaty (PLT) and the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Agreement) – that were ratified by the US Senate in 2007 but have yet to be implemented by Congress.

The PLT merges national and international requirements in patent applications, reducing costs of obtaining patent rights around the world. The Hague Agreement streamlines design rights for member countries. It is administered by WIPO.

“Design rights, once considered an unsophisticated way to protect intellectual property, have become valuable tools for US companies,” Kappos said. “And – as the considerable attention to the innovations of Steve Jobs has shown us – the relationship between design and function has grown closer in recent years.”

more from across site and SHARED ros bottom lb

More from across our site

The merger of Taylor Wessing’s UK operation with US firm Winston Strawn was a response to a strategic conundrum, its leaders say
Over the past 23 years, LawPlus has expanded from Thailand to Myanmar and built extensive international partnerships. What’s next?
Patrade has turned to experienced IP practitioner and business development leader Anders Isaksson to strengthen its commercial strategy and expand its reach to clients across Scandinavia
Cassie Hill, partner at Mishcon de Reya, discusses rebuilding client relationships after maternity leave and the pressures facing women at a pivotal stage of their career
Matthew Asbell discusses why empathy is important in law, being inspired by diverse workplaces and working on the latest, greatest large language model
The new partners add patent trial depth in high-value technology sectors including semiconductors, software, and cloud computing
From seller vetting and proprietary screening technology to brand collaboration and industry partnerships, Temu explains how its intellectual property enforcement programme combats infringement on its marketplace
A handful of US firms have quietly invested in European patent talent. Recent moves by Baker Botts and K&L Gates suggest that trend may be accelerating
Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Gift this article