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

A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
A fresh wave of deals highlights why investors favour IP firms and why independent outfits may soon have to rethink their strategy
King & Spalding has now hired 15 partners from Winston Taylor and legacy firm Winston & Strawn in offices spanning Texas, San Francisco, and Chicago
Firm says its work with a biotech client could signal a sea change in how - and when - law firms enter the drug development process
Evan Lazerowitz, attorney in Robinson + Cole’s bankruptcy and reorganisation group, offers key takeaways for IP interested parties in bankruptcy and insolvency proceedings
While the UK sees heavy IP rankings movement, Germany’s new tiered UPC table signals a shift from early adoption to market maturity
In an exclusive interview, Bernard Ledeboer reveals how a Consolid-backed group of firms wants to expand across Europe, invest in AI and centralise operations to compete at the top tier
Not all private equity firms are the same, so leaders at four externally backed IP firms came together to discuss the frameworks they followed and how they ensured a cultural fit
Top-tier German and Spanish firms are among the advisers on a Europe-wide copyright and licensing tussle concerning the design of the track circuit in Madrid
Partners Alex Wilson and Andreas Kramer say bigger law firm rivals don’t necessarily gain by having a wider jurisdictional reach
Gift this article