AIPLA Submits Recommendations on the Association's Intellectual Property Priorities for the Biden Administration February 26, 2021

On February 26, 2021, AIPLA submitted recommendations on the Association’s intellectual property priorities to the Biden Administration. The first item the comments addressed included appointed USPTO leadership, where AIPLA advocates for a top-caliber, knowledgeable, intellectual property professional with at least 15 years of industry or USPTO experience who has a comprehensive understanding of domestic and foreign intellectual property laws and related international agreements, preferably including patent and trademark prosecution, licensing, and litigation experience.

AIPLA believes that adequate funding for the USPTO examination process is critical to ensure high-quality patents. AIPLA also strongly supports allowing the USPTO to continue to retain and use all of its fee revenues while ensuring continuing and appropriate Congressional oversight. Internationally, AIPLA supports the reduction of barriers to international patent protection and urges the administration to continue efforts to move intellectual property law towards a more fair and predictable standard for the global marketplace.

AIPLA suggested a multitude of initiatives to strengthen trademark registration, including but not limited to reinforcing existing trademark-related COVID relief measures; prioritizing effective and fair implementation of the Trademark Modernization Act (“TMA”), including the new ex parte post-registration reexamination and expungement procedures; continuing efforts to modernize the Trademark Office’s IT systems; preventing abuse of the U.S. trademark system; improving anti-counterfeiting enforcement mechanisms and tools; continuing and refining procedures aimed at preventing and removing “dead wood” registrations from the Trademark Register; and continuing cooperative efforts to strengthen the Madrid System.

Continuing efforts to modernize Copyright Office systems is supported by AIPLA in order to ensure its recordation and registration systems, and other information technology (“IT”), meets stakeholders’ needs. AIPLA also offers to assist the Copyright Office in any way to develop appropriate implementing regulations for the newly-created Copyright Claims Board.

Additional areas suggested for discussion between AIPLA and the Administration include appointment of a qualified IP Enforcement Coordinator (IPEC), enforcement of IP rights abroad, and trade secrets protection. In relation to IP rights abroad, AIPLA supports efforts in raising the minimum standard of IP protections abroad so that they appropriately protect the investments of U.S. innovators. In addition, AIPLA would support efforts to reduce counterfeiting, strengthen enforcement of exclusion orders issued by the U.S. International Trade Commission, strengthen design patent protection at the border, and reduce the economic costs for U.S. IP rights holders to enforce their rights. Finally, AIPLA looks forward to continuing to collaborate with the National Council for Expanding American Innovation (NCEAI) and the administration to advance diversity and inclusion initiatives.

To read the letter in full, please download the file.