S. 3486 (112th): Patent Law Treaties Implementation Act of 2012

Introduced:
Aug 02, 2012 (112th Congress, 2011–2013)
Sponsor:
Sen. Patrick Leahy [D-VT]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 112-211.

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

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Status

This bill was enacted after being signed by the President on December 18, 2012.

Progress
Introduced Aug 02, 2012
Referred to Committee Aug 02, 2012
Reported by Committee Sep 20, 2012
Passed Senate Sep 22, 2012
Passed House Dec 05, 2012
Signed by the President Dec 18, 2012
Cosponsors
2 cosponsors (2R) (show)
Committees

House Judiciary

Senate Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

A bill to implement the provisions of the Hague Agreement and the Patent Law Treaty.

Summary

No summaries available.

Text

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Last updated Jan 01, 2012.
11 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

12/18/2012--Public Law. (This measure has not been amended since it was reported to the Senate on September 20, 2012.
The summary of that version is repeated here.) Patent Law Treaties Implementation Act of 2012 - Amends federal patent law to implement the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (Hague Treaty) and the Patent Law Treaty. (Both treaties were ratified by the Senate on December 7, 2007.) Standardizes application procedures to be consistent with other member countries.
Title I - Hague Agreement Concerning International Registration of Industrial Designs
Section 101 -
Allows any person who is a U.S. national, or has a domicile, habitual residence, or real and effective industrial or commercial establishment in the United States, to file an international design application for international registration with the U.S. Patent and Trademark Office (USPTO) (thereby enabling U.S. applicants to file a single application with USPTO instead of separate applications in multiple countries).
Directs the USPTO to collect and transmit international fees and forward international design applications to the intergovernmental International Bureau recognized as the coordinating body under the Hague Treaty and its common regulations.
Requires an international design application on an industrial design made in the United States to constitute the filing of an application in a foreign country if such application is filed:
(1) in a country other than the United States,
(2) at the International Bureau, or
(3) with an intergovernmental organization.
Requires the filing date of an international design application in the United States to be the effective registration date, except that any international design application designating the United States that otherwise meets the requirements of federal patent law (notwithstanding the implementation of the treaty) may be treated as a design application under existing federal laws applicable to design patents.
Permits applicants to request a review of the filing date of an international design application in the United States. Authorizes the USPTO Director to determine that such filing date is a date other than the effective registration date.
Sets forth requirements for determining the right of priority of national applications and prior foreign and national applications with earlier filing dates.
Directs the Director to provide for the examination of international design applications designating the United States. Authorizes the Director to issue patents based on such applications.
Section 102 -
Extends provisional rights (the right to obtain royalties from persons who sell or engage in certain activities involving the invention during the period beginning on the date the application is published and ending on the date the patent is issued) to such international design applications filed under the treaty that designate the United States. Extends the term for design patents from 14 to 15 years from the date of grant.
Title II - Patent Law Treaty Implementation
Section 201 -
Revises patent application procedures with respect to filing dates, fees, and surcharges for fees, oaths, or declarations and claims submitted after the filing date.
Authorizes the Director to prescribe conditions on references to previously filed applications.
Permits the Director to establish procedures to revive an unintentionally abandoned patent application, accept an unintentionally delayed payment of the fee for issuing each patent, or accept an unintentionally delayed response by the patent owner in a reexamination proceeding, upon petition by the applicant or patent owner.
Authorizes the Director to:
(1) prescribe regulations and fees for the extension of application periods for inventors who previously filed provisional applications or applications for the same invention in a foreign country,
(2) establish procedures to accept an unintentionally delayed claim for priority under the Patent Cooperation Treaty and to accept a priority claim that pertains to an application that was not filed within the specified priority period but was filed within the extended application period.
Directs the USPTO to maintain a register of interests in patents and applications for patents.
Applies patent assignment requirements to interests that constitute an assignment, grant, or conveyance.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/112/2/s3486.

Background

The Hague System

The Hague System regarding industrial design was created to streamline procedures for registering such a design and obtaining protection for it. Under the agreement, an individual can apply for protection in all participating countries using a single application. In order to be eligible an applicant must be a national of a participating country; be domiciled in a member country; have an industrial or commercial establishment in a participating country; or, in cases where the country adhered to the 1999 Geneva Act, the applicant is eligible if they have a habitual residence. The treaty also applies to intergovernmental organizations, such as the European Union. This allows those applicants to use the Hague system even if their country of residence is not a signatory.

Applications for design protection are reviewed by the World Intellectual Property Organization (WIPO). If approved a design registration is valid for a period of five-years and can be renewed for additional five-year periods up to the maximum duration permitted in participating countries. Applicants are responsible for paying a variety of registration fees set by WIPO, as well as designation fees set by the country in which they file their application.

Patent Law Treaty

The Patent Law Treaty was designed to limit the number of formalities that a country can impose on a foreign patent application and unify the application processes through which applicants can obtain patents internationally. The treaty contains provisions relating to harmonizing patent applications and examination procedures, standards for obtaining a patent, and what rights and remedies are available under a patent.

Summary

The bill would implement two patent law treaties: (1) The Hague Agreement Concerning International Registration of Industrial Designs (“Hague Agreement”) and (2) The Patent Law Treaty (“PLT”).  Both treaties were ratified by the Senate without opposition in 2007.  Both treaties would simplify the formal obligations and reduce costs for American inventors when seeking patent protection outside the United States.     

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

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United States Code

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Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 125 Stat. 284

Other Citations

  • 35 U.S.C. Chapter 2
  • 35 U.S.C. Chapter 38