AIPLA Submits Recommendations on the Association's Intellectual Property Priorities for the Biden Administration
All documents are in PDF format.
On February 26, 2021, AIPLA submitted recommendations on the Association’s intellectual property priorities to the Biden Administration. The first item the comments addressed included appointed USPTO leadership, where AIPLA advocates for a top-caliber, knowledgeable, intellectual property professional with at least 15 years of industry or USPTO experience who has a comprehensive understanding of domestic and foreign intellectual property laws and related international agreements, preferably including patent and trademark prosecution, licensing, and litigation experience.
AIPLA believes that adequate funding for the USPTO examination process is critical to ensure high-quality patents. AIPLA also strongly supports allowing the USPTO to continue to retain and use all of its fee revenues while ensuring continuing and appropriate Congressional oversight. Internationally, AIPLA supports the reduction of barriers to international patent protection and urges the administration to continue efforts to move intellectual property law towards a more fair and predictable standard for the global marketplace.
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 (“TMA”), including the new ex parte post-registration reexamination and expungement procedures; continuing efforts to modernize the Trademark Office’s IT systems; preventing abuse of the U.S. trademark system; improving anti-counterfeiting enforcement mechanisms and tools; continuing and refining procedures aimed at preventing and removing “dead wood” registrations from the Trademark Register; and continuing cooperative efforts to strengthen the Madrid System.
Continuing efforts to modernize Copyright Office systems is supported by AIPLA in order to ensure its recordation and registration systems, and other information technology (“IT”), meets stakeholders’ needs. AIPLA also offers to assist the Copyright Office in any way to develop appropriate implementing regulations for the newly-created Copyright Claims Board.
Additional areas suggested for discussion between AIPLA and the Administration include appointment of a qualified IP Enforcement Coordinator (IPEC), enforcement of IP rights abroad, and trade secrets protection. 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. In addition, AIPLA would support efforts to reduce counterfeiting, strengthen enforcement of exclusion orders issued by the U.S. International Trade Commission, strengthen design patent protection at the border, and reduce the economic costs for U.S. IP rights holders to enforce their rights. Finally, AIPLA looks forward to continuing to collaborate with the National Council for Expanding American Innovation (NCEAI) and the administration to advance diversity and inclusion initiatives.
To read the letter in full, please download the file.
2022 Trade Secret Summit
December 8 to 9, 2022 | Up to 570 Minutes CLEPlease join the AIPLA Trade Secret Committee for the 2022 Trade Secret Summit, which is being held December 8-9, 2022 in Miami, FL. The AIPLA Trade Secret Summit is the leading trade secret conference in the nation, with speakers from across the spectrum of private practitioners, in-house counsel, government, and academia, as well as fantastic networking opportunities.
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January 31 to February 3, 2023The 2023 Mid-Winter Institute will look at the IP world through the lens of health, sport, and wellness technology. This lens will highlight ongoing challenges in patents, such as the scope of 35 U.S.C. §101. We will look at the intersection of Patents and Trademarks with case studies in the exercise system. We will review data protections through prisms made of telehealth and sports medicine. We will have all the usual information, but package it with practical perspectives that will help not only our professional world, but also our everyday lives. Rancho Bernardo Inn, San Diego, CA