Executive Advocacy
AIPLA regularly provides comments to different agencies within the U.S. government, as well as to other domestic organizations, on matters impacting intellectual property laws and protection.
Internal Revenue Service
- AIPLA Testimony on proposed revisions to 26 C.F.R. Parts 1 and 301, delivered February 21, 2008 before the Internal Revenue Service. (PDF)
- AIPLA Response to the October 2007 rule proposed by the U.S. Internal Revenue Service (IRS) on “Patented Transactions,”submitted December 26, 2007 (3 pages - 37K* - Click PDF to view the Response; click HERE to view the IRS proposed rule (10/22/2007)
National Academy of Sciences
- AIPLA Response to the National Research Council's Report on Reaping The Benefits of Genomic and Proteomic Research (31 pages –197K* Click HEREto view the Response; For information on the Report: Reaping the Benefits of Genomic and Proteomic Research: Intellectual Property Rights, Innovation, and Public Health, please visit The National Academies Press by clicking HERE.)
- AIPLA Response to the National Academies Report entitled "A Patent System for the 21st Century" (49 pages–243K* Click PDF to view the Response; Click PDF to view the Report.)
National Institutes of Health
- Comments on Draft Report to the Secretary of Health and Human Services: "Public Consultation Draft Report on Gene Patents and Licensing Practices and Their Impact on Patient Access to Genetic Tests" 74(52) Federal Register 11730 (March 19, 2009) ( PDF)
National Institute of Standards and Technology
- AIPLA Comments to NIST on March-In Rights Guidance, February 5, 2024 (PDF)
- AIPLA Feedback to NIST Draft Green Paper on ROI Initiative February 8, 2019 (PDF)
- AIPLA Response NIST Bayh-Dole Regulation, Dec 9, 2016 (PDF)
- AIPLA Comments to the National Institute of Standards and Technology (National Science and Technology Council's Sub-Committee on Standards) on Standardization Feedback for Sub-Committee on Standards, February 18, 2011 (PDF)
US Customs and Border Protection
- AIPLA Comments to U.S. Customs and Border Protection on Customs 21st Century Framework, February 2, 2019 (PDF)
- AIPLA Comments to U.S. Customs and Border Protection on Proposed Rulemaking, "Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border," June 25, 2012 (PDF)
US International Trade Commission
- AIPLA Comments on the International Trade Commission’s Investigation of Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), May 3, 2023 (PDF)
- AIPLA Comments on Proposed Amendments to the Commission's Rules of General Application, Adjudication and Enforcement, November 23, 2015 (PDF)
- AIPLA Comments on Commission FY2015 Budget and Space for Section 337 Investigations, May 19, 2014 (PDF)
- AIPLA Comments to U.S. Intellectual Property Enforcement Coordinator in Response to Request for Public Comments: "Interagency Review of Exclusion Order Enforcement Process," July 19, 2013 (PDF)
- AIPLA Comments on "Notice of Proposed Rulemaking on Rules of General Application, Adjudication, and Enforcement,” December 4, 2012 (PDF)
- AIPLA Comments on "Notice of Proposed Rulemaking on Rules of General Application, Adjudication, and Enforcement,” September 17, 2012 (PDF)
- AIPLA Comments on Proposed Revisions to Rules of Practice and Procedure and Proposed Handbook on Filing Procedures, August 5, 2011 (PDF)
- AIPLA Comments on proposed revisions to 19 C.F.R. Sections 201 and 210, filed March 19, 2008 at the US International Trade Commission (PDF)
US Securities and Exchange Commission
- AIPLA Comments to Concept Release on Business and Financial Disclosure Required by Regulation S-K, August 9, 2016 (PDF)
US Trade Representative
- Letter Submitted to the Office of the US Trade Representative Supporting US Opposition to TRIPS Waiver Proposal, March 30, 2021 (PDF)
- AIPLA Comments on the Draft Convention on the Recognition and Enforcement of Foreign Judgments Relating to Civil or Commercial Matters, March 19, 2018 (PDF)
- AIPLA and PhRMA Comments on Draft Convention on the Recognition and Enforcement of Foreign Judgments Relating to Civil or Commercial Matters Currently Being Negotiated at The Hague Conference on Private International Law, July 19, 2017 (PDF)
- AIPLA Comments on the proposed Anti-Counterfeiting Trade Agreement ("ACTA" or "Agreement") and the ongoing negotiations between the possible Member States, submitted September 27, 2010. (PDF)
- AIPLA Comments on the Proposed Amendment and Correction of Trademark Registrations published in the Federal Register on December 18, 2003 (Comments submitted February 2, 2004) (PDF)
- AIPLA Comments on the "Work Program set forth in the draft Ministerial Declaration submitted by the WTO General Council and WTO Director-General for consideration at the Fourth Session of the Ministerial Conference scheduled for Doha, Qatar next month" (October 11, 2001) (PDF)
Other
AIPLA Files Comments to Health and Human Services (HHS) on the World Health Organization's (WHO) Proposed Pandemic Treaty
- AIPLA Comments to HHS on WHO Pandemic Treaty, January 31, 2024 (PDF)
AIPLA Files Comments on Proposed Final Pretrial Conference Pilot and Order
- AIPLA Files Comments on Proposed Final Pretrial Conference Pilot and Order, August 26, 2022 (PDF)
AIPLA Comments to ACUS on Patent Small Claims Court
- AIPLA Comments on a Potential Small Claims Patent Court or Small Claims Patent Proceeding and its Impacts, July 5, 2022 (PDF)
Regarding the Position of the USPTO Director
- AIPLA Comments to the Department of Commerce Regarding the Position of USPTO Director, June 28, 2017 (PDF)
- AIPLA White Paper Concerning the Recommended Qualifications for the Next Director and Deputy Director of the U.S. Patent and Trademark Office, November 2013 (PDF)
Office of the Presidential Transition
- AIPLA Letter to Biden Administration, February 26, 2021 (PDF)
- AIPLA Letter to President-Elect Donald Trump, January 4, 2017 (PDF)
U.S. Intellectual Property Enforcement Coordinator
- AIPLA Comments to U.S. Intellectual Property Enforcement Coordinator on Development of the Joint Strategic Plan on Intellectual Property Enforcement, December 3, 2018 (PDF)
- AIPLA Comments to U.S. Intellectual Property Enforcement Coordinator on Development of the Joint Strategic Plan on Intellectual Property Enforcement, October 30, 2015 (PDF)
- AIPLA Comments to U.S. Intellectual Property Enforcement Coordinator in Response to Request for Public Comments: "Interagency Review of Exclusion Order Enforcement Process," July 19, 2013 (PDF)
- AIPLA Comments to OMB Regarding Negative Impact of Sequestration on USPTO Funding and Operations, May 21, 2013 (PDF)
- AIPLA Comments to U.S. Intellectual Property Enforcement Coordinator in Response to Request for Public Comments for "Trade Secret Theft Strategy Legislative Review," April 22, 2013 (PDF)
- AIPLA Comments to U.S. Intellectual Property Enforcement Coordinator on Development of the Joint Strategic Plan on Intellectual Property Enforcement, August 10, 2012 (PDF)
The Sedona Conference
- AIPLA Comments on the Sedona Conference Report on the Markman Process, submitted February 2, 2007 (PDF)
- AIPLA Comments on the Revised April 2005 Public Comment Draft" of The Sedona Guidelines: Best Practices Addressing Protective Orders, Confidentiality & Public Access in Civil Cases (the "Draft Guidelines"). Filed May 14, 2006. (PDF)
- Letter expressing initial concerns of AIPLA on the Revised April 2005 Public Comment Draft" of The Sedona Guidelines: Best Practices Addressing Protective Orders, Confidentiality & Public Access in Civil Cases (the "Draft Guidelines"). Filed March 10, 2006. (PDF)
Miscellaneous
- AIPLA Joint Comments to Mayor Eric Garcetti in Support of the Anti-Piracy Unit of the Los Angeles Police Department, March 9, 2018 (PDF)
In This Section
Recent Advocacy
Written January 10, 2021
The American Intellectual Property Law Association (AIPLA) appreciates the opportunity to comment on the Draft Implementation Rules of the Chinese Patent Law. Attached is a table listing our detailed comments, some of which are also summarized below.
AIPLA is a national bar association of approximately 8,500 members engaged in private or corporate practice, in government service, and in the academic community. AIPLA members represent a wide and diverse spectrum of individuals, companies, and institutions involved directly or indirectly in the practice of patent, trademark, copyright, trade secret, and unfair competition law, as well as other fields of law affecting intellectual property. Our members represent both owners and users of intellectual property. Our mission includes helping establish and maintain fair and effective laws and policies that stimulate and reward invention while balancing the public’s interest in healthy competition, reasonable costs, and basic fairness.
AIPLA commends the China Intellectual Property Administration (CNIPA) on its efforts to provide the draft Implementation Rules of the Chinese Patent Law for supporting the 4th amendments to the Chinese Patent Law, which are improvements of the Chinese patent system. AIPLA appreciates the opportunity to provide comments to the draft Implementation Rules. AIPLA would also welcome the opportunity to provide additional comments on any specific revisions to the language of the draft Implementation Rules that may be drafted and proposed in response to this initial round of comments.
The absence of comments on any part does not reflect support or lack of support of this part by AIPLA.
AIPLA welcomes many of the proposals in the draft Implementation Rules, including:
• The ability to revise and/or restore priority claim (new Articles 31-1, 31-2, and 110-1).
• The ability to add contents missing from the priority document(s) to the application by incorporation by reference (new Article 39-1 and revised Article 40).
• Introduction of patent term adjustment for unreasonable delay (New Articles 85-2 and 85-3).
• Introduction of patent term compensation for patents related to drug approval. (New Articles 85-4 to 85-8).
• Allowance of the use of electronic signature (revised Article 119).
AIPLA respectfully makes suggestions and seeks clarifications on the following issues, which are detailed in the attached table:
• Clarification on the deemed date of receipt of notices issued by the CNIPA, which determines the deadline to respond to such notices (Article 4).
• Exclusion from confronting bona fide third parties for license contracts not recorded at the CNIPA (revised Article 14).
• Possible exclusion of Chinese citizens with foreign residency from applying for patents (Article 16).
• Exclusion of international conventions from non-prejudicial disclosure (Article 30).
• Handling of domestic priority claim (revised Article 32).
• Minimum filing requirements (revised Article 39 and deleted Article 121).
• Potential discrepancies on handling of incorporation by reference for PCT and non-PCT applications (revised Article 40).
• Ability of CNIPA to raise new grounds ex officio at re-examination and invalidation (new articles 62-1 and 68-1).
• Ability of CNIPA to continue with invalidation even when the invalidation petitioner has withdrawn (revised Article 72).
• Grounds to suspend disputes handled by the CNIPA (revised Article 82).
• Issues on patent false marking (revised Article 84).
• Time limit to apply for patent term adjustment (new Article 85-2).
• Uncertainty on impact of incorporation by reference to patent term adjustment (new Article 85-3).
• Potential ambiguity on patent term compensation related to drug approval (New Article 85-4).
• Issues on use of electronic signature (revised Article 119).
We appreciate the opportunity to provide these comments on the Draft Implementation Rules of the Chinese Patent Law, and we would be pleased to answer any questions that our comments may raise.
Please click on the file in the File Download Section.
AIPLA is a national bar association of approximately 8,500 members engaged in private or corporate practice, in government service, and in the academic community. AIPLA members represent a wide and diverse spectrum of individuals, companies, and institutions involved directly or indirectly in the practice of patent, trademark, copyright, trade secret, and unfair competition law, as well as other fields of law affecting intellectual property. Our members represent both owners and users of intellectual property. Our mission includes helping establish and maintain fair and effective laws and policies that stimulate and reward invention while balancing the public’s interest in healthy competition, reasonable costs, and basic fairness.
AIPLA commends the China Intellectual Property Administration (CNIPA) on its efforts to provide the draft Implementation Rules of the Chinese Patent Law for supporting the 4th amendments to the Chinese Patent Law, which are improvements of the Chinese patent system. AIPLA appreciates the opportunity to provide comments to the draft Implementation Rules. AIPLA would also welcome the opportunity to provide additional comments on any specific revisions to the language of the draft Implementation Rules that may be drafted and proposed in response to this initial round of comments.
The absence of comments on any part does not reflect support or lack of support of this part by AIPLA.
AIPLA welcomes many of the proposals in the draft Implementation Rules, including:
• The ability to revise and/or restore priority claim (new Articles 31-1, 31-2, and 110-1).
• The ability to add contents missing from the priority document(s) to the application by incorporation by reference (new Article 39-1 and revised Article 40).
• Introduction of patent term adjustment for unreasonable delay (New Articles 85-2 and 85-3).
• Introduction of patent term compensation for patents related to drug approval. (New Articles 85-4 to 85-8).
• Allowance of the use of electronic signature (revised Article 119).
AIPLA respectfully makes suggestions and seeks clarifications on the following issues, which are detailed in the attached table:
• Clarification on the deemed date of receipt of notices issued by the CNIPA, which determines the deadline to respond to such notices (Article 4).
• Exclusion from confronting bona fide third parties for license contracts not recorded at the CNIPA (revised Article 14).
• Possible exclusion of Chinese citizens with foreign residency from applying for patents (Article 16).
• Exclusion of international conventions from non-prejudicial disclosure (Article 30).
• Handling of domestic priority claim (revised Article 32).
• Minimum filing requirements (revised Article 39 and deleted Article 121).
• Potential discrepancies on handling of incorporation by reference for PCT and non-PCT applications (revised Article 40).
• Ability of CNIPA to raise new grounds ex officio at re-examination and invalidation (new articles 62-1 and 68-1).
• Ability of CNIPA to continue with invalidation even when the invalidation petitioner has withdrawn (revised Article 72).
• Grounds to suspend disputes handled by the CNIPA (revised Article 82).
• Issues on patent false marking (revised Article 84).
• Time limit to apply for patent term adjustment (new Article 85-2).
• Uncertainty on impact of incorporation by reference to patent term adjustment (new Article 85-3).
• Potential ambiguity on patent term compensation related to drug approval (New Article 85-4).
• Issues on use of electronic signature (revised Article 119).
We appreciate the opportunity to provide these comments on the Draft Implementation Rules of the Chinese Patent Law, and we would be pleased to answer any questions that our comments may raise.
Please click on the file in the File Download Section.