New US law to simplify patent application process
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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

New US law to simplify patent application process

A new law which will streamline patent applications and attempt to harmonise the US patent system with procedures abroad was passed by Congress this week.

The Patent Law Treaties Implementation Act of 2012 was passed by Congress on Wednesday and is expected to be signed into law by President Obama.

It incorporates provisions from two treaties ‑ the Hague Agreement Concerning International Registration of Industrial Designs and the Patent Law Treaty.

The new law aims to reduce costs and simplify the process for American inventors patenting inventions outside of the US. Instead of having to file separate industrial patent applications in multiple countries, inventors will be able to file a single application with the USPTO.

The law will also increase the design patent term by one year to 15 years from the date the design was issued and enable several inventions to be included in one international application. Additionally, it will introduce the right to claim provisional damages in the international application.

To comply with the Patent Law Treaty, the act introduces several changes aimed at harmonising the US patent system with those in other countries.

Unintentionally abandoned foreign patent applications may now be revived and, in re-examination proceedings, an unintentionally delayed response by the patent owner may now be accepted.

Applicants may also be granted extensions to file non-provisional applications in the US where a provisional application has previously been filed abroad, or an application has been filed for the same invention outside the US. Unintentionally delayed claims may also receive priority filing dates under the PCT.

more from across site and ros bottom lb

More from across our site

Counsel say they’re advising clients to keep a close eye on confidentiality agreements after the FTC voted to ban non-competes
Data from Managing IP+’s Talent Tracker shows US firms making major swoops for IP teams, while South Korea has also been a buoyant market
The finalists for the 13th annual awards have been announced
Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Loes van den Winkel, attorney at Arnold & Siedsma, explains why clients' enthusiasm is contagious and why her job does not mean managing fashion models
Allen & Gledhill partner Jia Yi Toh shares her experience of representing the winning team in the first-ever case filed under Singapore’s new fast-track IP dispute resolution system
In-house lawyers reveal how they balance cost, quality, and other criteria to get the most from their relationships with external counsel
Dario Pietrantonio of Robic discusses growth opportunities for the firm and shares insights from his journey to managing director
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Gift this article