News & Publications

On March 7, AIPLA submitted comments on the recent USPTO Notice of the Deferred Subject Matter Eligibility Response Pilot Program. AIPLA provided a number of suggestions for the Office's consideration on improvements or clarifications to the pilot program.

On February 24, 2022 the U.S. Supreme Court Vacated and Remanded the Ninth Circuit’s decision in Unicolors, Inc. v. H&M Hennes and Mauritz, LP. This ruling is consistent with the amicus brief filed by AIPLA on August 10, 2021.

On February 7, 2022, AIPLA submitted comments in response to the U.S. Copyright Office Notice of Proposed Rulemaking related to practice procedures before the Copyright Claims Board.  AIPLA noted that the success of the CASE Act will turn in significant part on the simplicity and accessibility of the trial procedures. We commended the Office for its efforts to develop user-friendly Copyright Claims Board (“CCB”) procedures. AIPLA offered responses and comments to certain of the questions and rules raised by the Office in the Notice with regard to the management of parties; the management of the proceedings; discovery; evidence; hearings; and, post-determination proceedings.

On February 4, 2022, AIPLA submitted comments to the USPTO on the Request for Comment Regarding Trademarks Administrative Sanctions Process. AIPLA supports the implementation of an administrative sanctions process as proposed by the USPTO but seeks clarification and offers suggestions on a few points in the proposed process.

On February 4, 2022, AIPLA submitted comments to the United States Department of Justice on on Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND. AIPLA recommends the agencies leave the 2019 statement in place, however, provided some suggestions if the 2019 policy does not remain.

On January 24, 2022, the American Intellectual Property Law Association (AIPLA) submitted comments to the United States Copyright Office pursuant to the Notice of Inquiry related to the deferred registration examination study. The comments address perceived deficiencies in the current registration regime, benefits and drawbacks to offering a deferred examination option, legal or regulatory framework, filing fees, and more.

On December 16, 2021, the American Intellectual Property Law Association (AIPLA) submitted a letter to Chair Richard J. Durbin and Ranking Member Charles E. Grassley of the Senate Committee on the Judiciary in support of Judge Leonard P. Stark’s nomination of Circuit Judge of the United States Court of Appeals for the Federal Circuit. The letter outlined the Association’s White Paper (“Recommendations Regarding Nomination of Judges to the United States Court of Appeals for the Federal Circuit” dated September 2018), concluding that Judge Stark not only meets the criteria, but would bring essential experience to the Court. The letter provides an enthusiastic endorsement of Judge Stark, urging the Senate to move forward with his confirmation.

On December 16, 2021, The United States Patent and Trademark Office (USPTO) indefinitely delayed implementation of the voluntary continuing legal education (CLE) certification for registered patent practitioners and individuals granted limited recognition to practice before the USPTO in patent matters. The American Intellectual Property Law Association (AIPLA) assembled a joint committee task force to ensure that the proposed rules did not disproportionately impact patent agents and other practitioners for whom CLE self-certification would be a significant burden and/or legal risk, and to ensure that practitioners were made aware of requirements for the registration statement and the CLE self-certification.

On December 1, 2021, the American Intellectual Property Law Association (AIPLA) and the Intellectual Property Owners Association (IPO) submitted a joint letter to House Committee members Chair DeLauro, Ranking Member Granger, Chair Cartwright, and Ranking Member Aderholt expressing concern regarding resources appropriated to the U.S. Patent and Trademark Office (USPTO) in FY 2022. The joint letter urged the House to pass a funding measure that reflects the intent of the Leahy-Smith America Invents Act to fund the USPTO at a level equal to fee collection estimates.

On November 30, 2021, the American Intellectual Property Law Association (AIPLA) submitted a letter to Chair Richard J. Durbin and Ranking Member Charles E. Grassley of the Senate Committee on the Judiciary in support of Katherine (Kathi) Vidal’s nomination of Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). The letter outlined components of the set of criteria that AIPLA used to address the needed qualifications for an individual appointed to serve as the leader of the USPTO, concluding that Ms. Vidal possesses such qualifications.