Executive Advocacy
AIPLA regularly provides comments to different agencies within the U.S. government, as well as to other domestic organizations, on matters impacting intellectual property laws and protection.
Internal Revenue Service
- AIPLA Testimony on proposed revisions to 26 C.F.R. Parts 1 and 301, delivered February 21, 2008 before the Internal Revenue Service. (PDF)
- AIPLA Response to the October 2007 rule proposed by the U.S. Internal Revenue Service (IRS) on “Patented Transactions,”submitted December 26, 2007 (3 pages - 37K* - Click PDF to view the Response; click HERE to view the IRS proposed rule (10/22/2007)
National Academy of Sciences
- AIPLA Response to the National Research Council's Report on Reaping The Benefits of Genomic and Proteomic Research (31 pages –197K* Click HEREto view the Response; For information on the Report: Reaping the Benefits of Genomic and Proteomic Research: Intellectual Property Rights, Innovation, and Public Health, please visit The National Academies Press by clicking HERE.)
- AIPLA Response to the National Academies Report entitled "A Patent System for the 21st Century" (49 pages–243K* Click PDF to view the Response; Click PDF to view the Report.)
National Institutes of Health
- Comments on Draft Report to the Secretary of Health and Human Services: "Public Consultation Draft Report on Gene Patents and Licensing Practices and Their Impact on Patient Access to Genetic Tests" 74(52) Federal Register 11730 (March 19, 2009) ( PDF)
National Institute of Standards and Technology
- AIPLA Feedback to NIST Draft Green Paper on ROI Initiative February 8, 2019 (PDF)
- AIPLA Response NIST Bayh-Dole Regulation, Dec 9, 2016 (PDF)
- AIPLA Comments to the National Institute of Standards and Technology (National Science and Technology Council's Sub-Committee on Standards) on Standardization Feedback for Sub-Committee on Standards, February 18, 2011 (PDF)
US Customs and Border Protection
- AIPLA Comments to U.S. Customs and Border Protection on Customs 21st Century Framework, February 2, 2019 (PDF)
- AIPLA Comments to U.S. Customs and Border Protection on Proposed Rulemaking, "Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border," June 25, 2012 (PDF)
US international Trade Commission
- AIPLA Comments on Proposed Amendments to the Commission's Rules of General Application, Adjudication and Enforcement, November 23, 2015 (PDF)
- AIPLA Comments on Commission FY2015 Budget and Space for Section 337 Investigations, May 19, 2014 (PDF)
- AIPLA Comments to U.S. Intellectual Property Enforcement Coordinator in Response to Request for Public Comments: "Interagency Review of Exclusion Order Enforcement Process," July 19, 2013 (PDF)
- AIPLA Comments on "Notice of Proposed Rulemaking on Rules of General Application, Adjudication, and Enforcement,” December 4, 2012 (PDF)
- AIPLA Comments on "Notice of Proposed Rulemaking on Rules of General Application, Adjudication, and Enforcement,” September 17, 2012 (PDF)
- AIPLA Comments on Proposed Revisions to Rules of Practice and Procedure and Proposed Handbook on Filing Procedures, August 5, 2011 (PDF)
- AIPLA Comments on proposed revisions to 19 C.F.R. Sections 201 and 210, filed March 19, 2008 at the US International Trade Commission (PDF)
US Securities and Exchange Commission
- AIPLA Comments to Concept Release on Business and Financial Disclosure Required by Regulation S-K, August 9, 2016 (PDF)
US Trade Representative
- AIPLA Comments on the Draft Convention on the Recognition and Enforcement of Foreign Judgments Relating to Civil or Commercial Matters, March 19, 2018 (PDF)
- AIPLA and PhRMA Comments on Draft Convention on the Recognition and Enforcement of Foreign Judgments Relating to Civil or Commercial Matters Currently Being Negotiated at The Hague Conference on Private International Law, July 19, 2017 (PDF)
- AIPLA Comments on the proposed Anti-Counterfeiting Trade Agreement ("ACTA" or "Agreement") and the ongoing negotiations between the possible Member States, submitted September 27, 2010. (PDF)
- AIPLA Comments on the Proposed Amendment and Correction of Trademark Registrations published in the Federal Register on December 18, 2003 (Comments submitted February 2, 2004) (PDF)
- AIPLA Comments on the "Work Program set forth in the draft Ministerial Declaration submitted by the WTO General Council and WTO Director-General for consideration at the Fourth Session of the Ministerial Conference scheduled for Doha, Qatar next month" (October 11, 2001) (PDF)
Other
Regarding the Position of the USPTO Director
- AIPLA Comments to the Department of Commerce Regarding the Position of USPTO Director, June 28, 2017 (PDF)
- AIPLA White Paper Concerning the Recommended Qualifications for the Next Director and Deputy Director of the U.S. Patent and Trademark Office, November 2013 (PDF)
Office of the Presidential Transition
- AIPLA Letter to President-Elect Donald Trump, Jan. 4, 2017 (PDF)
U.S. Intellectual Property Enforcement Coordinator
- AIPLA Comments to U.S. Intellectual Property Enforcement Coordinator on Development of the Joint Strategic Plan on Intellectual Property Enforcement, December 3, 2018 (PDF)
- AIPLA Comments to U.S. Intellectual Property Enforcement Coordinator on Development of the Joint Strategic Plan on Intellectual Property Enforcement, October 30, 2015 (PDF)
- AIPLA Comments to U.S. Intellectual Property Enforcement Coordinator in Response to Request for Public Comments: "Interagency Review of Exclusion Order Enforcement Process," July 19, 2013 (PDF)
- AIPLA Comments to OMB Regarding Negative Impact of Sequestration on USPTO Funding and Operations, May 21, 2013 (PDF)
- AIPLA Comments to U.S. Intellectual Property Enforcement Coordinator in Response to Request for Public Comments for "Trade Secret Theft Strategy Legislative Review," April 22, 2013 (PDF)
- AIPLA Comments to U.S. Intellectual Property Enforcement Coordinator on Development of the Joint Strategic Plan on Intellectual Property Enforcement, August 10, 2012 (PDF)
The Sedona Conference
- AIPLA Comments on the Sedona Conference Report on the Markman Process, submitted February 2, 2007 (PDF)
- AIPLA Comments on the Revised April 2005 Public Comment Draft" of The Sedona Guidelines: Best Practices Addressing Protective Orders, Confidentiality & Public Access in Civil Cases (the "Draft Guidelines"). Filed May 14, 2006. (PDF)
- Letter expressing initial concerns of AIPLA on the Revised April 2005 Public Comment Draft" of The Sedona Guidelines: Best Practices Addressing Protective Orders, Confidentiality & Public Access in Civil Cases (the "Draft Guidelines"). Filed March 10, 2006. (PDF)
Miscellaneous
- AIPLA Joint Comments to Mayor Eric Garcetti in Support of the Anti-Piracy Unit of the Los Angeles Police Department, March 9, 2018 (PDF)
In This Section
Recent Executive Advocacy Articles
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AIPLA Comments to TPAC on Proposed Trademark Fees
September 30, 2019
AIPLA thanks the Trademark Public Advisory Committee (“TPAC”) for conducting the hearing on the Proposed Trademark Fee Schedule on September 23, 2019, and for this opportunity to express our views on the proposal. -
AIPLA Comments on USPTO Setting and Adjusting Patent Fees
September 30, 2019
AIPLA comments on seven aspects of the proposed fee schedule: general comments on the proposed fees; comments on the surcharge for not filing patent applications in docx format, comments on the surcharge for late payment of maintenance fees within 6 months, comments on the patent trial and appeal fees, comments on the annual practitioner fee, and comments on the CLE discount for this fee. -
Letter to the Office of Intellectual Property Rights (OIPR) Regarding the Report on the State of Counterfeit and Pirated Goods Trafficking and Recommendations (July 10, 2019)
July 26, 2019
The American Intellectual Property Law Association (“AIPLA”) is pleased to have the opportunity to present its views with respect to the U.S. Department of Commerce Comments Request: Report on the State of Counterfeit and Pirated Goods Trafficking and Recommendations, 84 Fed. Reg. 132, dated July 10, 2019 (the “Request”). -
Joint Letter Supporting an Elevation in Rank of the USPTO IP Attachés
July 17, 2019
We support efforts to both raise the rank of the IP attachés and ensure that attachés have adequate funding to help safeguard IP around the world. -
Proposal to Eliminate the Restriction on Additional Extensions of Time Following the Filing of a Statement of Use After the Notice of Allowance Has Issued
July 15, 2019
INTA, AIPLA, and IPO urge the United States Patent & Trademark Office to revise the Rules of Practice and the Trademark Manual of Examining Procedure (37 C.F.R. §§ 2.88(f) and 2.89(e)(1)). -
AIPLA Comments on the Report Required by the Study of Underrepresented Classes Chasing Engineering and Science (SUCCESS) Act of 2018
July 1, 2019
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Hulu, LLC v. Sound View Innovations, LLC, IPR2018-01039, amicus brief filed 5/1/2019.
May 7, 2019
This Amicus Brief addresses the question of what is required for a petitioner to establish that an asserted non-patent reference qualifies as a “printed publication” at the institution stage. -
Comments of the AIPLA to the current Standard Protective Order
March 29, 2019
The American Intellectual Property Law Association (AIPLA) is pleased to have this opportunity to provide comments on the current version of the USPTO’s Standard Protective Order for use in Trademark Trial and Appeals Board (TTAB) opposition and cancellation proceedings. In particular, this is to respond to the questions posed by the Board regarding access by in-house counsel to “Confidential – For Attorneys' Eyes Only” (AEO) material. -
Letter to USPTO on TTAB Standard Protective Order
March 29, 2019
AIPLA believes that whether it is appropriate for in-house counsel to have access to AEO information and documents should be a case-by-case determination, considering a variety of factors, including whether that counsel is in a competitive decision-making position, whether the parties are competitors, whether both parties have in-house counsel, the preference of individual clients, and the issues that may be relevant to the particular matter. -
AIPLA Comments on Proposed Rulemaking for Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants
March 18, 2019
AIPLA believes that the USPTO's proposed rule requiring the appointment of U.S. counsel to guide non-U.S. applicants, registrants, and parties in trademark matters is a useful and necessary first step in minimizing problematic filings, but is concerned that it will not fully address the issue. -
Comments on 2019 Examining Computer-Implemented Functional Claim Limitations for Compliance With 35 U.S.C. § 112
March 8, 2019
AIPLA applauds the Office for again providing practitioners and examiners with instructions on how to analyze patent claims including functional limitations under 35 U.S.C. §§ 112(f) and 112(b) and how to analyze claims for compliance with the enablement and written-description requirements under 35 U.S.C. §112(a). -
Comments on 2019 Revised Patent Subject Matter Eligibility Guidance
March 8, 2019
AIPLA applauds the Office for providing a valuable guide for determining patent eligibility and is grateful to the Office for providing what AIPLA believes is a better framework for analyzing subject matter eligibility than was provided by the multiple previous guidance documents. -
Comments on Access to Relevant Prior Art Initiative
March 8, 2019
AIPLA applauds the Office for working to reduce the burden on applicants filing a continuation application by automatically importing citations from the immediate parent application into continuing application and for creating a mechanism to document references filed in a parent application which have received consideration by the Examiner in the continuing application. -
Proppant Express Investments, LLC v. Oren Technologies, LLC., PTAB, Case No. IPR2018-00914, amicus brief filed 12/28/2018.
January 8, 2019
AIPLA on December 28, 2018, argued in an amicus brief to the Precedential Opinion Panel of the Patent Trial and Appeal Board that the circumstances in which the Director may grant a motion for self-joinder should be the exception, not the rule. -
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 Comments to United States Patent and Trademark Office on Motion to Amend Practice and Procedures in Trial Proceedings under the America Invents Act before the Patent Trial and Appeal Board
December 20, 2018
AIPLA appreciates the Office’s efforts to improve AIA trial proceedings, which have become pervasive since their initial implementation in September 2012. On several prior occasions, AIPLA has expressed its concerns with the existing motions to amend practice and procedure, and especially appreciates the Office’s attempt to improve this practice and make motions to amend, as contemplated by the statute, a more viable option as part of a trial proceeding. -
Re: Comments Submitted Pursuant to “Notification of Inquiry,” 83 Fed. Reg. 52336 (Oct. 17, 2018)
October 17, 2018
The American Intellectual Property Law Association (AIPLA) is pleased to offer comments in response to the United States Copyright Office (the “Office”) Notification of Inquiry, 83 Fed. Reg. 52336, issued October 17, 2018, concerning various proposed efforts to modernize the registration process (NOI). -
AIPLA Comments on United States Patent and Trademark Office Draft Strategic Plan for FY 2018-2022
October 5, 2018
As we emphasized in our comments submitted during the preparation of the 2014-2018 USPTO Strategic Plan, AIPLA believes the most important factor for the success of the USPTO in furthering the patent system is full funding of the USPTO. -
AIPLA Comments Submitted Pursuant to "Notice of Proposed Rulemaking on Copyright Office Fees," September 21, 2018
September 21, 2018
While AIPLA recognizes the Copyright Office’s right and need to increase its fees periodically—and further recognizes that any proposed fee increase will ordinarily be met with some degree of reluctance by those incurring the increased expense—some of the Office’s proposed fee increases here raise certain questions and concerns for AIPLA members that we would like to bring to your attention. -
AIPLA Comments on FDA Public Hearing on Facilitating Competition and Innovation in the Biological Products Workplace
September 19, 2018
AIPLA requests that before making changes related to the Federal Register Notice and Public Hearing, FDA consider possible implications on intellectual property rights, the patent litigation scheme provided by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), and how that scheme compares with the patent litigation scheme provided by the Drug Price Competition and Patent Term Restoration Act of 1984 (referred to as the Hatch-Waxman Act).