As the USPTO works to implement the Patent Law Treaty, various changes to the rules for US patent practice will go into effect. The Patent Law Implementation Act of 2012 amends the patent laws to implement the Patent Law Treaty of 2000.
Starting on December 18, 2013, the below provisions will go into effect.
1. A non-provisional patent application will no longer be required to be filed with a claim to receive a filing date.
2. An Applicant may file a non-provisional application in the US by referencing a previously filed application, rather than filing the specification and drawings directly with the US Patent Office.
3. Revival of abandoned applications and acceptance of delayed payments of maintenance fees will only be allowed based on “unintentional” delay. A claim of “unavoidable” delay will no longer be an acceptable basis for reviving an abandoned application or late payment of maintenance fees.
4. Applicants will be able to restore the right to priority for an application filed after the expiration of the twelve-month period, or six-month period for design applications, as long as the application is filed within two months of the expiration date. The delay in filing must be unintentional and the late filed application must be filed with a petition and a fee to request the priority be restored.
5. The patent term adjustment provisions will be changed to reduce any patent term adjustment if an application is not in condition for examination within eight months from its filing date or the date of commencement of a national stage application from an international application.
More details on the above and additional changes may be found at 78 Fed. Reg. 62,368 (Oct. 21, 2013) (to be codified at 37 C.F.R. pts. 1, 3, 11) By Jacquelyn A. Graff ( [email protected] ).