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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 
  • Letter Submitted to the Office of the US Trade Representative Supporting US Opposition to TRIPS Waiver Proposal, March 30, 2021 (PDF)
  • 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 Biden Administration, February 26, 2021 (PDF)
  • AIPLA Letter to President-Elect Donald Trump, January 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

  • AIPLA Comments on Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments

    February 4, 2022

    The American Intellectual Property Law Association ("AIPLA") is pleased to submit comments to the "Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments issued on December 6, 20211 ("draft policy statement" or "draft") by the U.S. Department of Justice, Antitrust Division ("DOJ"), the U.S. Patent & Trademark Office ("USPTO"), and the National Institute of Standards and Technology ("NIST") (together "the agencies").
  • AIPLA Submits Comments to US Copyright Office Regarding Deferred Registration Examination Study

    January 24, 2022

    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.
  • USPTO Indefinitely Delays Implementation of the Voluntary Continuing Legal Education (CLE) Certification

    December 16, 2021

    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.
  • AIPLA Submits Comments to U.S. Copyright Office Pursuant to Notice of Proposed Rulemaking Related to CASE Act Regulations

    November 10, 2021

    On November 10, 2021, AIPLA submitted comments to the U.S. Copyright Office pursuant to the Notice of Proposed Rulemaking (NPRM) related to CASE Act regulations. Comments provided included support for requiring claimants to provide contact information in the initial notice form and support for charging filing fees for counterclaims. A staggered fee structure was again suggested, and support was provided for an initial notice in a form that includes information required by the statute and additional basic information. An opt-out mechanism for claimants who receive a counterclaim was not supported, and concern was expressed regarding implementation of a mechanism whereby a respondent who has opted out of a CCB proceeding can change their mind and opt back in.

  • AIPLA Submits Comments to USPTO Regarding Request for Information to Assist Preparation of Patent Eligibility Jurisprudence Study

    October 15, 2021

    On October 15, 2021, AIPLA submitted a comment letter to the United States Patent & Trademark Office (USPTO) following the Office’s request for information to assist in preparation of the Patent Eligibility Jurisprudence Study. In its comments, AIPLA addressed how the current state of patent eligibility jurisprudence in the U.S. affects patent protection in this country as compared to other jurisdictions (including instances of denial of patent protection in the U.S.), its impact on business strategies, the U.S. economy and the public as a whole. It was noted that, since 2012, Section 101 has been the most important issue facing AIPLA members and IP practitioners as they try to advise clients on how to best invest their limited resources. IP practitioners have been unable to advise clients with enough certainty about what inventions would be deemed patent eligible by patent examiners and later by the courts.

  • AIPLA Submits Comments on Notice of Proposed Rulemaking Regarding Changes to Implement Provisions of the Trademark Modernization Act of 2020

    July 19, 2021

    On July 19, 2021, AIPLA submitted comments to the United States Patent and Trademark Office (USPTO) regarding the Notice of Proposed Rulemaking (NPRM) Regarding Changes to Implement Provisions of the Trademark Modernization Act (TMA) of 2020. The comments addressed seven aspects of the NPRM: (1) ex parte expungement and reexamination proceedings; (2) the petition filing fee; (3) the identification of the real party in interest in a petition; (4) flexible response periods; (5) letters of protest; (6) attorney recognition; and (7) the proposed burden hours for private sector respondents.

  • AIPLA Submits Comments on Proposed Administrative Updates to the General Requirements Bulletin

    May 24, 2021

    On May 24, 2021, AIPLA submitted comments to the Director for the Office of Enrollment and Discipline at the U.S. Patent and Trademark Office (USPTO) regarding the proposed administrative updates to the General Requirements Bulletin (GRB). The comments made were in support of the proposal to add the common Category B categories to Category A to reflect current and anticipated patenting activity, and of the proposal to amend Category B, Options 2 and 4, to permit a combination of courses that need not be sequential. AIPLA also advised considering the addition of degrees matching emerging technical fields on a regular basis and supports the inclusion of master’s and doctoral degrees as acceptable under the requirements of Category A.
  • AIPLA Submits Comments on Notification of Inquiry Regarding Copyright Alternative in Small-Claims Enforcement (“CASE”) Act Regulations

    April 26, 2021

    On April 26, 2021, AIPLA submitted comments to the U.S. Copyright Office on Notification of Inquiry regarding Copyright Alternative in Small-Claims Enforcement (“CASE”) Act Regulations. As a general matter, AIPLA believes that it is important to keep the procedures as straight forward and accessible as possible to ensure this will be a new, simple, and low-cost process to resolve small copyright claims. AIPLA encourages the Copyright Claims Board to publish standardized forms and instructions. Additionally, AIPLA is in favor of providing a Second Notice through the U.S. Postal Service. For ease of delivery, AIPLA is in favor of a Designated Agent directory. Online submission of opt-out notices should be encouraged, but a paper option is also recommended. To strike an appropriate balance of discovery, AIPLA recommends that the CCB require a standardized, initial disclosure of relevant information.
  • AIPLA Submits Comments on Notice of Proposed Rulemaking Regarding Disclaimer Practice in Patents and Patent Applications

    March 22, 2021

    On March 22, 2021, AIPLA submitted comments regarding the notice of proposed rulemaking regarding disclaimer practice in patents and patent applications. AIPLA supports the Office’s proposed revisions to the rules and includes a suggestion to clarify the rules regarding disclaimers by parties to a joint research agreement. 
  • AIPLA Submits Comments in Response to the Discussion Draft of The Digital Copyright Act (“DCA”)

    March 22, 2021

    On March 22, 2021, AIPLA submitted comments to Senator Thom Tillis in response to the discussion draft of The Digital Copyright Act (“DCA”) of 2021. AIPLA’s comments largely mirror and reflect AIPLA’s positions expressed on prior occasions, with comments directed to the concepts addressed and not to any specific proposed language. AIPLA’s comments support the concept of advancing the DMCA towards a “notice-and-staydown” regime. AIPLA also advocates further study into the use of a standardized unique identifier that would more effectively identify content.
  • AIPLA Submits Recommendations on the Association's Intellectual Property Priorities for the Biden Administration

    February 26, 2021

    On February 26th, AIPLA submitted recommendations on the Association’s intellectual property priorities to the Biden Administration. AIPLA advocates for top-caliber USPTO leadership, including a variety of relevant requirements for appointees. Support was also expressed for continued adequate funding for the USPTO examination process to ensure high-quality patents. AIPLA suggested a multitude of initiatives to strengthen trademark registration, including but not limited to reinforcing existing trademark-related COVID relief measures, prioritizing effective and fair implementation of the Trademark Modernization Act, and preventing abuse of the U.S. trademark system. In relation to IP rights abroad, AIPLA supports efforts in raising the minimum standard of IP protections abroad so that they appropriately protect the investments of U.S. innovators. AIPLA also looks forward to continuing to collaborate with the National Council for Expanding American Innovation (NCEAI) and the Administration to advance diversity and inclusion initiatives.
  • AIPLA Submits Comments to USPTO Regarding National Strategy for Expanding American Innovation

    February 23, 2021

    On February 23, 2021, AIPLA filed comments in response to the USPTO’s Notice regarding the National Strategy for Expanding American Innovation. AIPLA's comments include suggestions for the support of individuals, including the implementation of shared workspaces, hubs, and labs, workshops, internships, and promotion of meetings and clubs, among other ideas. Some of AIPLA's comments regarding lowering the barriers to innovation in underrepresented groups include adjusting internal culture and increasing representation in leadership. READ MORE
  • Comments Submitted by AIPLA to USPTO Pursuant to Sovereign Immunity Study

    February 22, 2021

    On February 22, 2021, AIPLA filed comments in response to the USPTO’s Sovereign Immunity Study: Notice and Request for Public Comment, 85 Fed. Reg. 70,589 (November 5, 2020) (Docket Number: PTO–T–2020–0043). With respect to patent and trademark infringement, AIPLA believes that the record of reported cases provides support for abrogation of state immunity. With respect to trademark infringement, however, there are critical differences between those cases and patent and copyright infringement actions.  READ MORE
  • AIPLA Comments on Implementation of the Trademark Modernization Act

    February 3, 2021

    AIPLA provided feedback to the USPTO on the implementation of the Trademark Modernization Act (TMA). The feedback three aspects of the TMA: general comments, comments on flexible response times, and comments regarding ex parte expungement and ex parte reexamination proceedings. AIPLA continues to advocate for a shorter response period to Office Action refusals that include only ministerial or procedural objections. AIPLA also provided feedback on a number of subsections regarding ex parte expungement and ex parte reexamination proceedings.
  • AIPLA Submits Comments to USPTO Regarding the Article of Manufacture Requirement

    February 2, 2021

    On February 2, 2021, AIPLA filed comments in response to the USPTO’s Notice regarding the Article of Manufacture Requirement for Design Patents under 35 U.S.C. 171. AIPLA indicated its support for a change in the interpretation of eligibility guidelines for computer-generated images to accept other articles of manufacture associated with the underlying programmed computer, instead of requiring that the image appear on a display screen.
  • 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 Discretion to Institute Trials Before the Patent Trial and Appeal Board

    December 3, 2020

    The American Intellectual Property Law Association today filed a response to the USPTO’s October 20, 2020 request for comments on discretion to institute trials in inter partes review (IPR) and post grant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB). The USPTO’s request solicits input on whether rulemaking is necessary and the type of rules it should adopt, but does not propose any rules.
  • 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.