Federal Trade Commission
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AIPLA Comments to Federal Trade Commission on Proposed Rulemaking Regarding Consumers “Right to Repair”
February 5, 2024
Arlington, VA. February 1, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the Federal Trade Commission (FTC) in response to the petition for rulemaking to protect consumers’ right to repair products they have purchased. -
AIPLA Comments on Federal Trade Commission Non-Compete Clause
April 21, 2023
Arlington, VA. April 21, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the Federal Trade Commission in response to their published notice on Non-Compete Clause Rulemaking, 88 FR 3482, on January 19, 2023. The proposed rule would effectively ban the use of non-competes, with few exceptions. -
U.S. Court of Appeals for the Second Circuit Vacates Final Order of the Federal Trade Commission in 1-800 Contacts Case
June 11, 2021
On June 11, 2021, the United States Court of Appeals for the Second Circuit vacated a Final Order of the Federal Trade Commission (FTC), finding that 1-800 Contact’s “typical trademark settlement agreements” did not unreasonably restrain trade in violation the Section 5 of the FTC Act given the lack of direct evidence of an anticompetitive effect and the strong procompetitive justification of protecting 1-800 Contract’s trademarks. The Court of Appeals also found that it did not have sufficient experience with the type of conduct at issue to permit the abbreviated antitrust analysis favored by the Commission, applying a full-blown rule of reason analysis instead. The Court remanded the case to the Commission with instructions to dismiss it.
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AIPLA Supplemental Comments on FTC Hearings on Competition and Consumer Protection in the 21st Century: Discussion of Innovation and IP Policy
December 21, 2018
AIPLA understands antitrust enforcers sometimes refer to “innovation” as “dynamic competition.” We commend modern U.S. antitrust law for recognizing that “competition” and “innovation” are generally synonymous, and that innovation-based competition is equally as important as themore traditional static “price competition”. -
AIPLA Supplemental AIPLA Comments on Competition and Consumer Protection in the 21st Century Hearings
August 20, 2018
AIPLA encourages the FTC to be sensitive to the special role of patents and other forms of intellectual property in fostering innovation that is the lifeblood of the U.S. economy, thereby enhancing competition in the U.S. and globally. -
AIPLA Comments Regarding Proposed Consent Agreement in MPHJ Technology Investments, LLC, et al.
December 8, 2014
While AIPLA in general supports economically efficient licensing of patents and intellectual property assets in general, and has cautioned against overbroad reactions to new market entrants and licensing models, we have expressed appropriate concerns about indiscriminate demand letters sent in bad faith. -
AIPLA Comments to FTC and OMB Regarding Revised PAE Study
June 18, 2014
The American Intellectual Property Law Association (AIPLA) respectfully submits this letter in response to the Federal Trade Commission’s second Federal Register notice (“the Second Notice”), dated May 13, 2014, regarding proposed information requests to so-called “patent assertion entities” (PAEs) and other entities asserting patents in the wireless communications sector. 79 Fed. Reg. 28715. -
AIPLA Comments to FTC on Section 6(b) PAE Report
December 16, 2013
AIPLA Comments to FTC on Section 6(b) PAE Report -
AIPLA Comments to FTC/DOJ on the FTC/DOJ December 10, 2012, "Patent Assertion Entity Activities Workshop,"
April 5, 2013
AIPLA Comments to FTC/DOJ on the FTC/DOJ December 10, 2012, "Patent Assertion Entity Activities Workshop," -
AIPLA Comments on the Decision and Proposed Consent Order in the Google Proceeding
February 22, 2013
AIPLA Comments on the Decision and Proposed Consent Order in the Google Proceeding -
AIPLA Comments on the Decision and Proposed Consent Order In re Robert Bosch GmbH, FTC File No.121-0081
December 20, 2012
AIPLA Comments on the Decision and Proposed Consent Order In re Robert Bosch GmbH, FTC File No.121-0081 -
AIPLA Comments on Standards-Setting Issues In Connection with Patent Standards Workshop
June 14, 2011
AIPLA Comments on Standards-Setting Issues In Connection with Patent Standards Workshop -
AIPLA Comments on Section 5 Workshop
October 24, 2008
AIPLA Comments on Section 5 Workshop -
AIPLA Response to the Decision and Proposed Consent Order in the N-Data proceeding
April 5, 2008
AIPLA Response to the Decision and Proposed Consent Order in the N-Data proceeding
Recent Advocacy
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AIPLA Comments on Proposed Thai Patent Law
February 5, 2025
Arlington, VA. January 30, 2025 –The American Intellectual Property Law Association (AIPLA) submitted comments to the Department of Intellectual Property of Thailand on the New Draft Patent Law being considered for adoption. The comments focus on many issues in the proposed law relating to patent registration, subject matter eligibility, patent term extensions, and enforcement, among other matters. -
AIPLA and IPO Issue Joint Letter to Congress Urging Action to Reduce Patent Backlog
February 4, 2025
In a joint letter, AIPLA and IPO urged Congress to ensure the USPTO has the resources and flexibility needed to address its patent application backlog, which has reached 826,000. The letter notes that timely patent examination is essential to US innovation, economic growth, and global competitiveness, yet recent executive actions—such as a hiring freeze, return-to-office mandates, and employee buyouts—may impact the USPTO’s operations. Unlike other agencies, the USPTO is funded by user fees, not taxpayer dollars, and must retain resources to process applications efficiently. Restrictive policies could slow innovation, weaken IP protection, and harm US economic leadership. Secretary of Commerce nominee Howard Lutnick has acknowledged the urgency of reducing delays, and we support efforts to strengthen the USPTO’s capacity. AIPLA and IPO welcome the opportunity to work with Congress on legislative and administrative solutions that support American inventors and businesses. -
Updates on the Forthcoming USPTO Patent Fees
January 17, 2025
On November 20, 2024, the USPTO published its final rule, “Setting and Adjusting Patent Fees During Fiscal Year 2025,” which will take effect on Sunday, January 19, 2025. Since the April 3, 2024, Notice of Proposed Rulemaking to establish or increase certain patent fees, AIPLA has actively engaged with its members by gathering feedback, submitting written comments, meeting with USPTO officials, and hosting informational webinars to keep members informed of the changes. As the implementation date approaches, members have raised additional questions, prompting AIPLA to seek clarification from the USPTO. Read below the results of our outreach with the Office. -
AIPLA Comments to Trump Transition Team on IP Priorities
January 6, 2025
Arlington, VA. December 23, 2024 – The American Intellectual Property Law Association (AIPLA) submitted a letter of recommendation on IP priorities for the Trump Transition Team emphasizing the critical role of IP in driving innovation and economic growth.