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 Advocacy
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AIPLA Comments on the Request for Comments on Proposed Continuing Legal Education Guidelines
January 7, 2021
AIPLA filed a response to the USPTO’s request for comments on proposed continuing legal education guidelines objecting to ongoing efforts by the USPTO to institute a de facto federal CLE requirement and reporting system, noting that the biennial registration requirements and reporting systems are unnecessary and may lead to an active practitioner fee. AIPLA also expressed concern that the proposal would eventually result in a mandatory CLE program requiring a costly infrastructure which would ultimately result in fees increases to support it. AIPLA expressed further concern that the rulemaking efforts may not have complied with rulemaking requirements. -
AIPLA Comments on Revised Trademark Examination Guide 3-19 Examination of Specimens in Commerce: Digitally Created/Altered or Mockup Specimens
October 12, 2020
AIPLA appreciates the Trademark Office’s efforts to address the issue of fraudulent trademark specimens that incorporate digital alterations, thereby creating the false impression of use of a trademark in the marketplace. We also appreciate the Office’s transparency in providing clarity as to how the USPTO and Examiners will address fraudulent specimens. While AIPLA further recognizes the need for the USPTO to focus its attention on the authenticity of submitted specimens and whether they show marks as actually used in commerce as required by the Trademark Act, AIPLA has suggestions and comments on the revised Examination Guide. -
AIPLA Comments on Proposed Rule Changes in Representation of Others Before the USPTO
September 29, 2020
AIPLA appreciates the USPTO’s willingness to continuously improve the conduct rules applicable to practice before the USPTO. AIPLA previously provided substantive comments to the last major revision of the USPTO Rules of Professional Conduct (“USPTO Rules”), which overhauled the landscape of practice before the USPTO from being based upon the former American Bar Association (“ABA”) Code of Professional Responsibility to the more current Model Rules of Professional Conduct. Within those comments, AIPLA addressed concerns regarding the confidentiality rules. In response to comments, USPTO clarified the ability of a representative to withdraw in certain situations. See, e.g., 78 FR 21090. -
AIPLA Comments on Proposed Rulemaking for the Proposed Trademark Fee Schedule
July 31, 2020
AIPLA appreciates the Trademark Office’s efforts to take into consideration the comments previously submitted by AIPLA and other stakeholders regarding new trademark fees. AIPLA understands the needs of the Office to generate additional revenue from its users in order to facilitate effective operations. For this reason, our comments are limited to a small number of proposed fees. -
AIPLA Comments to USPTO on the Proposed PTAB Rules of Practice for Instituting on All Challenged Patent Claims and All Grounds and Eliminating the Presumption at Institution Favoring Petitioner as to Testimonial Evidence
June 26, 2020
AIPLA supports the proposed rulemaking that is the subject of this comment, including updating the rules to comply with the Supreme Court’s decision in <em>SAS Institute Inc. v. Iancu</em>, 138 S. Ct. 1348 (2018), expressly providing for filing of sur-reply briefs, and removing the presumption favoring petitioners on contested facts based on pre-institution testimonial evidence from the patent owner under 37 C.F.R. §§ 42.108(c) and 42.208(c). -
Comments to Copyright Office on Registration Modernization
June 1, 2020
AIPLA supports and appreciates the Copyright Office’s efforts to modernize the copyright registration system. -
AIPLA Comments to USPTO on the “Small Entity Government Use License Exception”
March 24, 2020
AIPLA agrees that the proposed 37 CFR §1.27(a)(4)(i)(B) will provide clarity regarding the exception for a government use license under 15 U.S.C. § 3710d(a) that a Federal employee is obligated to grant if he/she is allowed to retain title to the workplace invention. -
Recommendations on the Position of Register of Copyrights
March 23, 2020
AIPLA discusses the traits the association views as essential for the position of Register of Copyrights. -
Comments to Copyright Office Pursuant to Notification of Inquiry Regarding Online Publication
March 23, 2020
In AIPLA’s view, issues and confusion regarding “online” publication arise from the statute itself. If such issues are to be resolved, we believe that this is best done by Congress. -
AIPLA Comments to USPTO Regarding the Updated Examination Guide for Mandatory Electronic Filing of Trademark Applications
February 26, 2020
AIPLA believes that the revised guidance regarding the submission of an acceptable email address for a trademark owner who is represented by counsel is subject to various interpretations, leading to significant uncertainty for our members. -
AIPLA Comments to USPTO on Request for Comments on Intellectual Property Protection for Artificial Intelligence Innovation
January 13, 2020
AIPLA submitted these comments in response to the Department of Commerce’s Request regarding issues related to copyright, trademark, and other intellectual property rights impacted by artificial intelligence innovation. -
AIPLA Comments to USPTO on Rules of Practice To Allocate the Burden of Persuasion on Motions To Amend in Trial Proceedings Before the Patent Trial and Appeal Board
December 23, 2019
AIPLA appreciates the Office’s efforts to improve AIA trial proceedings, which have become pervasive since their initial implementation in September 2012. -
AIPLA Submits Amicus Brief to PTAB in Hunting Titan, Inc. v. Dynaenergetics & Co. Kg
December 20, 2019
The Patent Trial and Appeal Board should make any determination of unpatentability based on the arguments and evidence of record. -
AIPLA Comments to USPTO on Patent Term Adjustment Reductions in View of the Federal Circuit Decision in Supernus Pharm., Inc. v. Iancu
December 3, 2019
AIPLA agrees that that many of the Office’s proposed revisions to 37 CFR §§ 1.704(c)(1) through (c)(14) are consistent with the requirement set forth in the Supernus decision that a reduction in patent term adjustment correspond to “the period from the beginning to the end of the applicant’s failure to engage in reasonable efforts to conclude prosecution.” -
AIPLA Comments to TTAB Regarding Issuance of Precedential Decisions by the Trademark Trial and Appeal Board
November 20, 2019
AIPLA believes that an increased number of precedential TTAB decisions would be helpful to trademark owners, trademark practitioners, educators, and students. -
AIPLA Comments to USPTO on Patenting Artificial Intelligence Inventions
November 8, 2019
AIPLA proposes adopting the distinguishing terms “inventive AI” and “AI inventions.” -
AIPLA Comments to USPTO on Annual Patent Practitioner Fee Proposal
November 8, 2019
AIPLA believes the proposal for an annual patent practitioner fee, if implemented, would fundamentally change the relationship between the Office, the practitioners and the applicants. -
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”).