Press Releases

  • AIPLA Issues Statement on Senator Thom Tillis's Patent Eligibility Restoration Act of 2022

    September 30, 2022

    ARLINGTON, Virginia, August 3, 2022 - The American Intellectual Property Law Association (AIPLA) released the following statement on the Patent Eligibility Restoration Act of 2022 introduced by Senator Thom Tillis (R-NC):
  • AIPLA Issues Statement Following the Passing of Former Register of Copyrights Marybeth Peters

    September 30, 2022

    ARLINGTON, VA. September 30, 2022 - The American Intellectual Property Law Association (AIPLA) released the following statement in response to the passing of former Register of Copyrights Marybeth Peters on September 29, 2022
  • AIPLA Asks Supreme Court to Address the Role of Transformativeness in the Copyright Fair Use Analysis

    June 20, 2022

    AIPLA files a brief in Andy Warhol Foundation for the Visual Arts v. Goldsmith, a case that addresses the role of transformativeness in the copyright fair use analysis.
  • AIPLA Submits Comments to the USPTO Notice of the Deferred Subject Matter Eligibility Response Pilot Program.

    March 8, 2022

    On March 7, AIPLA submitted comments on the recent USPTO Notice of the Deferred Subject Matter Eligibility Response Pilot Program. AIPLA provided a number of suggestions for the Office's consideration on improvements or clarifications to the pilot program.
  • AIPLA Submits Comments to US Copyright Office Pursuant to Notice of Proposed Rulemaking: Copyright Claims Board - Active Proceedings and Evidence

    February 10, 2022

    On February 7, 2022, AIPLA submitted comments in response to the U.S. Copyright Office Notice of Proposed Rulemaking related to practice procedures before the Copyright Claims Board.  AIPLA noted that the success of the CASE Act will turn in significant part on the simplicity and accessibility of the trial procedures. We commended the Office for its efforts to develop user-friendly Copyright Claims Board (“CCB”) procedures. AIPLA offered responses and comments to certain of the questions and rules raised by the Office in the Notice with regard to the management of parties; the management of the proceedings; discovery; evidence; hearings; and, post-determination proceedings.
  • AIPLA Submits Comments to the USPTO in Response to the Notice Regarding Trademarks Administrative Sanctions Process

    February 10, 2022

    On February 4, 2022, AIPLA submitted comments to the USPTO on the Request for Comment Regarding Trademarks Administrative Sanctions Process. AIPLA supports the implementation of an administrative sanctions process as proposed by the USPTO but seeks clarification and offers suggestions on a few points in the proposed process.
  • AIPLA Submits Comments to the US Department of Justice on Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND

    February 10, 2022

    On February 4, 2022, AIPLA submitted comments to the United States Department of Justice on on Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND. AIPLA recommends the agencies leave the 2019 statement in place, however, provided some suggestions if the 2019 policy does not remain.
  • 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.
  • AIPLA Endorses Judge Leonard P. Stark for Circuit Judge of the United States Court of Appeals for the Federal Circuit

    December 16, 2021

    On December 16, 2021, the American Intellectual Property Law Association (AIPLA) submitted a letter to Chair Richard J. Durbin and Ranking Member Charles E. Grassley of the Senate Committee on the Judiciary in support of Judge Leonard P. Stark’s nomination of Circuit Judge of the United States Court of Appeals for the Federal Circuit. The letter outlined the Association’s White Paper (“Recommendations Regarding Nomination of Judges to the United States Court of Appeals for the Federal Circuit” dated September 2018), concluding that Judge Stark not only meets the criteria, but would bring essential experience to the Court. The letter provides an enthusiastic endorsement of Judge Stark, urging the Senate to move forward with his confirmation.
  • 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 Joint Letter to House of Representatives Expressing Concern Regarding Resource Appropriation for USPTO

    December 6, 2021

    On December 1, 2021, the American Intellectual Property Law Association (AIPLA) and the Intellectual Property Owners Association (IPO) submitted a joint letter to House Committee members Chair DeLauro, Ranking Member Granger, Chair Cartwright, and Ranking Member Aderholt expressing concern regarding resources appropriated to the U.S. Patent and Trademark Office (USPTO) in FY 2022. The joint letter urged the House to pass a funding measure that reflects the intent of the Leahy-Smith America Invents Act to fund the USPTO at a level equal to fee collection estimates.
  • AIPLA Urges Senate to Confirm Katherine (Kathi) Vidal as Under Secretary of Commerce for Intellectual Property and Director of the USPTO

    November 30, 2021

    On November 30, 2021, the American Intellectual Property Law Association (AIPLA) submitted a letter to Chair Richard J. Durbin and Ranking Member Charles E. Grassley of the Senate Committee on the Judiciary in support of Katherine (Kathi) Vidal’s nomination of Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). The letter outlined components of the set of criteria that AIPLA used to address the needed qualifications for an individual appointed to serve as the leader of the USPTO, concluding that Ms. Vidal possesses such qualifications.
  • AIPLA Submits Joint Letter to House Committee on Ways and Means Regarding Enforcement of Intellectual Property Rights at the Border

    November 10, 2021

    On November 10, 2021, AIPLA, alongside nine other entities, joined on a letter to House Committee on Ways and Means Chairman Richard Neal and Ranking Member Kevin Brady regarding enforcement of intellectual property rights at the border. The letter expressed concern with the flow of counterfeit goods across the United States border, calling for stronger, more effective trade enforcement and information sharing with the private sector. The letter encouraged support for pending legislation, including key provisions which will clarify CBP’s ability to share information with rights holders.
  • 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 Joint Letter Expressing Concern About USPTO Funding in FY 2022

    July 29, 2021

    On July 29, 2021, the American Intellectual Property Law Association (AIPLA) and the Intellectual Property Owners Association (IPO) submitted a joint letter to Senators Leahy, Shaheen, Tillis, and Moran expressing concern over resources appropriated to the U.S. Patent and Trademark Office (USPTO) in FY 2022. The letter asserted that it is imperative for the USPTO to receive access to all its fees, urging passage of a funding measure that reflects the intent of the Leahy-Smith America Invents Act to fund the USPTO at a level equal to fee collection estimates.
  • 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 Endorses Nomination of Tiffany P. Cunningham to the United States Court of Appeals for the Federal Circuit

    June 15, 2021

    On June 15, 2021, AIPLA submitted a letter to the Honorable Richard J. Durbin and the Honorable Charles L. Grassley, Chair and Ranking Member, respectively, of the Committee on the Judiciary. This letter supported the nomination of Tiffany P. Cunningham, President Biden's nominee for Circuit Judge on the United States Court of Appeals for the Federal Circuit. AIPLA wrote that Ms. Cunningham’s background and professional experience demonstrate that she is qualified to serve in that position, and that she would make an excellent addition to the Federal Circuit.
  • 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.