Press Releases
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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. -
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 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 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 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 Congratulates Lisa K. Jorgenson on her appointment as a Deputy Director General at WIPO
December 6, 2020
On December 3, 2020 World Intellectual Property Organization (WIPO) Director General Daren Tang announced the newly appointed Deputy Directors General and Assistant Directors General, including former AIPLA Executive Director Lisa K. Jorgenson who will serve as Deputy Director General, Patents and Technology Center. Ms. Jorgenson will assume her new duties beginning January 1, 2021. For more information about WIPO, please visit www.wipo.int -
AIPLA Saddened to Learn of Passing of Former Executive Director Q. Todd Dickinson
May 6, 2020
The American Intellectual Property Law Association is saddened to learn of the passing of Q. Todd Dickinson, former AIPLA Executive Director and former Director of the USPTO. -
AIPLA Announces Leadership Update
March 26, 2020
After serving as Executive Director for more than five years, Lisa K. Jorgenson is leaving AIPLA. In the time she has served us in that capacity, she has worked tirelessly to connect with AIPLA members—not only across the country but around the world—and to understand and address the challenges that IP practitioners are facing. -
AIPLA Asks Supreme Court to Hold That Willful Infringement Not Be Required for Disgorgement of Profits Under Lanham Act
September 20, 2019
AIPLA argues that that proof of willfulness should not be required for an accounting of profits under Section 35(a) of the Lanham Act. -
AIPLA Asks Supreme Court to Hold That § 314(d) Allows Appeal of PTAB Institution Decisions
September 10, 2019
The American Intellectual Property Law Association filed an amicus brief with the Supreme Court today in Thryv, Inc. v. Click-to-Call Technologies, LP, No. 18-916, a case involving which issues can be appealed in inter partes review proceedings. -
Leading Global IP Associations Discuss Policy Considerations for Providing Intellectual Property Protection for Artificial Intelligence for the Public Benefit
April 29, 2019
AIPLA, AIPPI and FICPI jointly organized a high-level colloquium on Artificial Intelligence (AI) with a focus on AI and Patent, Copyright and Trade Secret protection in Turin, Italy on 28-29 March 2019. -
Senate Confirms Andrei Iancu As Next Director of US Patent And Trademark Office
February 5, 2018
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American Intellectual Property Law Association 2017 Annual Meeting to Draw Thousands
September 27, 2017