What changes did the Patent Law Treaties Implementation Act of 2012 (PLTIA) make to U.S. design patent law?

The Patent Law Treaties Implementation Act of 2012 (PLTIA) made several important changes to U.S. design patent law, particularly in relation to international design applications. According to MPEP 2950, which cites the Senate Executive Report, the main changes were:

1. Providing limited rights to patent applicants between the publication date of their international design application by the International Bureau and the date of U.S. patent grant.
2. Extending the patent term for designs from 14 to 15 years from the date of grant.
3. Allowing the USPTO to use a published international design registration as a basis for rejecting a subsequently filed national patent application directed at the same or similar subject matter.

The MPEP quotes the Senate Executive Report:

“The proposed Act makes no substantive changes in U.S. design patent law with the exception of the following: the provision of limited rights to patent applicants between the date that their international design application is published by the IB and the date on which they are granted a U.S. patent based on that application; the extension of a patent term for designs from fourteen to fifteen years from grant; and allowing the USPTO to use a published international design registration as a basis for rejecting a subsequently filed national patent application that is directed at the same or a similar subject matter.”

These changes were implemented to harmonize U.S. design patent law with international standards and to provide additional protections for design patent applicants and holders.

To learn more:

• PLTIA
• design patent law changes
• international design applications