In a January 4, 2017 letter to
President-Elect Donald Trump, the American Intellectual Property Law
Association provided the incoming Administration with recommendations for
setting priorities in the area of intellectual property law.
First on the list, according to the letter, is the prompt appointment of a
qualified executive to serve as the Director of the USPTO. He or she should
have strong legal and executive leadership skills, as well as a comprehensive
understanding of domestic and foreign intellectual property laws and related
With respect to patent law, the letter calls attention to solving problems
concerning patent eligibility, patent quality, post-grant review proceedings,
and issues related to patent litigation. As to the latter, according to
the letter, it is imperative that any legislation considered strike a
balance between targeting abusive litigation activities and maintaining a
patent owner's ability to enforce her/his valid patent rights. To the
extent that litigation issues represent an outgrowth of poor patent quality,
the AIPLA letter states that the quality of patents is improved by providing
adequate funding to the USPTO through the fees paid by users of its services.
The letter highlights the importance of trademarks in the economy both for
consumers and industry. As with patents, the USPTO has also established a
commitment to improve the quality and accuracy of the Trademark Register. AIPLA
believes the next leader of the USPTO should continue these efforts and should
commit to improving the quality and integrity of the registration system.
As for copyright law, the letter stresses that the Copyright Office has helped
copyright industries grow, benefiting creators, business owners, and the public.
At the same time, this agency is searching for a new leader, and the letter
refers to AIPLA's prior recommendations on the qualifications applicable to a
new Register of Copyrights. In addition, the Copyright Office is in need of
increased resources, fiscal autonomy, and modernized infrastructure. The letter
supports legislative action that will permit the Copyright Office to meet the
ever-expanding needs and expectations of Congress, its stakeholders, and the
To read the AIPLA letter to President-elect Trump, click here.