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

Vaping dispute, in which Stobbs and Brandsmiths are the representatives, tested how the UK's Human Rights Act can apply to injunctions restraining unjustified threats
An AI platform being sold for £40m, and lateral hires involving law firms Womble Bond Dickinson and Cadwell Thomas were among the top talking points
With the London Annual Meeting behind us, we look back at some of the lessons learned this week and ahead to what 2027 will bring
In-house counsel aren’t impressed with law firms’ international networks, but practitioners say they are crucial for business
Publication of the UPC’s annual report and adoption of the procedural rules of the Patent Mediation and Arbitration Centre were also among major developments
With the INTA Annual Meeting drawing to a close, we asked attendees for their top tips on how to close business after a meeting
Senior UK judges discussing the impact of AI on the judiciary, and the role of in-house IP lawyers during corporate transactions and carve-outs were among the top talking points
Tarun Khurana, founding partner of Khurana & Khurana, discusses juggling tasks, why every hour has a value, and the importance of ‘trusting the process’
Annual Meeting hears that IP firms are targeting hires with technical literacy in a fragmented landscape, and that those that build an online presence will distinguish themselves from the digital chaos
How law firms can secure themselves in a technology-driven IP landscape and how IP teams can develop future leadership were among the top talking points
Gift this article