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

A 36-member team from Zhong Lun Law Firm, including six partners, will join the newly formed East IP Group
The Delhi High Court sided with Ericsson against Indian smartphone maker Lava, bringing the companies' nine-year dispute to a close
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Tennessee has passed the ELVIS Act, a law that fights against AI models that mimic the voice and likeness of music artists
Rob Stien, chief communications and public policy officer at InterDigital, says the EU has forgotten innovators while trying to solve an issue that doesn’t exist
As Australia’s Qantm IP leans towards being acquired by a private equity company, sources discuss what it could mean for IP firms
Law firms that are conscious of their role in society are more likely to win work, according to a survey of over 23,000 in-house professionals
Nghiem Xuan Bac Pham, managing partner of Vision & Associates, discusses opportunities created by the US-China rift as well as profitability issues facing IP practices
Douglas Leite and two of his colleagues were intrigued by Bhering Advogados’s mission to grow its patent litigation practice
Each week Managing IP speaks to a different IP practitioner about their life and career
Gift this article