New US law to simplify patent application process

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

Cookies Settings

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 SHARED ros bottom lb

More from across our site

Cabinet M Oproiu’s Raluca Vasilescu explains why AI is changing what clients expect from patent attorneys, where the technology is overhyped and what the next generation will need to do differently
As clients demand more flexible fees and AI-driven efficiencies, IP firms are rethinking pricing without abandoning the value of their work
HG Law was formed largely by ex Fish & Neave lawyers who left after the latter's merger with Ropes & Gray; now those experiences are shaping its latest combination
David Rodrigues and Evan Lazerowitz – attorneys at Robinson & Cole – offer practical guidance on the steps a business might consider to preserve and maximise IP value before entering financial distress or insolvency
Daniel Law CEO Alicia Daniel-Shores may have stepped into a family business, but she has spent two decades building her own vision around technology and litigation
Law firms don't particularly like saying no to clients. Perhaps they should get better at it
The office, which has a relatively new patent litigation team as well as a wider ‘soft’ IP offering, would remain independent if the rejection is rubberstamped
The IP boutique is betting that growing investment in quantum and semiconductors will fuel demand as technology shifts toward physical systems
Lawyers say the overhaul better reflects commercial reality, with changes spanning novelty searches, digital designs and access to a small claims track, but stopping short of criminalising unregistered design infringement
Carpmaels & Ransford hires its fourth partner of the year and wins access to UPC files, as fresh orders address costs, confidentiality and the use of divisional patents
Gift this article