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

Gerben IP’s first woman partner, Sophie Edbrooke, explains how boutique life allowed her to broaden her expertise, take on leadership responsibilities and carve out a route to the top
INTA has a right to protect its Annual Meeting, but making it harder for others to hold similar events risks leaving delegates with a bigger travel bill
The firm says it hopes to capture patent litigation work in Texas by arming itself with experienced trial lawyers with venue expertise
Ken Iijima's arrival continues a trend of ex-Pizzeys practitioners joining RnB IP, whose co-founder says independent ownership and a lucrative compensation model have become attractive in a consolidating market
McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
The ITC is a powerful tool for litigators, practitioners say, as the threat of an exclusion order on a critical tech component could mean disrupting the entire data centre's operations
Anna Toh plans to expand Rajah & Tann’s soft IP capabilities, leveraging its Southeast Asia network to support clients on cross-border portfolio management and commercial strategy
Gift this article