News & Publications

Arlington, VA. August 24, 2022 - The American Intellectual Property Law Association (AIPLA) filed comments on Draft Provisions Prohibiting Abuse of Intellectual Property Rights to Exclude or Restrict Competition issued by China’s State Administration for Market Regulation (Draft Provisions).  The comments point out that AIPLA generally believes intellectual property rights (IPR) should not be enforced beyond their effective term limits, given the efficient market realities of portfolio licensing, but recommends the Draft Provisions explicitly permit parties to establish license agreements that license an entire portfolio of IPR, notwithstanding the fact that certain IPRs may expire or be found invalid during the term of an agreement. 

On August 4, AIPLA filed an amicus brief in the two PTAB cases of OpenSky Industries, LLC, Patent Quality Assurance, LLC, and Intel Corporation v. VLSI Technology LLC, which USPTO Director Vidal has taken up to address what actions the USPTO Director should take when faced with assertions of an abuse of process or conduct that otherwise thwarts, as opposed to advances, the goals of the Office and/or the AIA. AIPLA’s brief argues that the review procedures implemented in these proceedings are adequate to address the rare instances of alleged abuse of process or alleged conduct contrary to the goals of the Office and/or the AIA.

On July 5, the American Intellectual Property Law Association (AIPLA) submitted comments as proposed by the Administrative Office of the US Courts on a potential small claims patent court or small claims patent proceeding and its impacts. AIPLA addressed nine proposed questions and will continue to study these issues.

On July 11, the American Intellectual Property Law Association (AIPLA) offered its initial views to the United States Patent and Trademark Office (“USPTO”) in response to the Interim Process for PTAB Director Review. AIPLA appreciates the USPTO’s focus on improving fairness to all parties and achieving greater consistency and predictability in these proceedings.

On June 23, AIPLA, along with the Intellectual Property Owners Association (IPO), Licensing Executives Society International (LESI), Licensing Executives Society USA & Canada, and the New York Intellectual Property Law Association (NYIPLA) issued a joint statement on the tentative the World Trade Organization's (WTO) decision regarding the proposed TRIPs waiver compromise.

AIPLA files a brief in Andy Warhol Foundation for the Visual Arts v. Goldsmith, a case that addresses the role of transformativeness in the copyright fair use analysis.

On April 8, AIPLA Submitted comments to the European Patent Office (EPO) on their revised 2022 Guidelines for Examination. AIPLA welcomes the current effort of the EPO to collect comments from stakeholders regarding changes to said Guidelines. We hope that our views will assist the EPO in its process of revising its Guidelines to benefit all stakeholders rather than place unnecessary burdens on them.

On March 24, AIPLA, along with the Intellectual Property Owners Association (IPO), Licensing Executives Society International (LESI), Licensing Executives Society USA & Canada, and the New York Intellectual Property Law Association (NYIPLA) issued a joint statement on the tentative TRIPs Waiver Compromise.

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.