Section comment letters are submitted and cleared in accordance with the ABA Blanket Authority Policy.
2024
November 18, 2024: ABA-IPL Letter to the USPTO on Examination of Design Patents Applications
November 15, 2024: ABA-IPL Letter to the USPTO on the ABA-IPL Section White Paper on Patent System Reliability
October 24, 2024:ABA-IPL Letter to the USPTO on the 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence
July 29, 2024:Comments in response to the Impact of the Proliferation of Artificial Intelligence
July 9, 2024:ABA-IPL Letter to the USPTO in terminal disclaimer practice
June 18, 2024:ABA-IPL Letter to the USPTO on Patent Trial and Appeal Board Rules
June 14, 2024:Comments in response to the U.S. Patent and Trademark Office’s
June 3, 2024:Comments in response to USPTO on Patent Fee Increase
May 28, 2024:Comments to the USPTO on Proposed Trademark Fee Adjustments
May 21, 2024:ABA-IPL Letter to USPTO re Expanding Opportunities To Appear Before the PTAB – May 21, 2024
May 14, 2024:ABA-IPL Letter to USPTO re Unlocking the Full Potential of Innovation to the Marketplace
May 3, 2024:ABA-IPL letter to the USPTO on proposed rulemaking for motion to amend practice and procedures in trial proceedings under the America Invents Act before the Patent Trial and Appeal Board
April 26, 2024:ABA-IPL comments to the U.S. Patent and Trademark Office on inventorship guidance for AI-assisted inventions.
January 31, 2024:ABA-IPL Letter to Department of Commerce on Guidance Framework for Considering the Exercise of Bayh-Dole Act “March-In Rights”
January 22, 2024:Letter to the Department of Health and Human Services regarding implications of Access and Benefit Sharing (ABS) commitments/regimes and other proposed commitments in the WHO Pandemic Agreement.
November 27, 2023:Letter in response to the Notice of Proposed Rulemaking on “Rules Governing Pre-Issuance Internal Circulation and Review of Decisions Within the Patent Trial and Appeal Board”
October 6, 2023 :Letter to the USPTO, Commissioner for Trademarks, regarding changes to the duration of the attorney recognition rule
July 24, 2023:Letter to USPTO regarding the Motion to Amend Pilot Program
June 20, 2023:Letter to USPTO on proposed changes to practice before the PTAB
June 12, 2023:Letter to USPTO on the proposed trademark fee schedule
May 31, 2023:Letter to U.S. Department of Commerce regarding personal information of .us registrants.
May 25, 2023:Letter to USPTO on the proposed patent fee schedule
April 19, 2023:Comments to the FTC on non-compete clause rulemaking
January 20, 2023:Comments to USCO and USPTO on NFT Study
January 26, 2023:Comments to USPTO on Patent Robustness
January 26, 2023:Comments to USPTO on Expanding Opportunities to Appear Before the PTAB
January 26, 2023:Comments to USPTO on Expanding Admission Criteria
2022
December 16, 2022:Comments on the FTC’s Notice of Proposed Rulemaking on “Trade Regulation Rule on Impersonation of Government and Businesses”
October 28, 2022:Letter to USPTO on TTAB Final Pretrial Conference Pilot Program
October 26, 2022:Letter to USTPO on changes to representation of others
September 1, 2022:Letter to FTC re: Impersonation of Government and Businesses
March 7, 2022:Comments to the USPTO on the Deferred Subject Matter Eligibility Response Pilot Program
February 4, 2022:Comments to the USPTO regarding trademark administrative sanctions process
2021
September 2, 2021:Comments to the USPTO on Patent Eligibility Jurisprudence Study
August 12, 2021:Comments to the USPTO on the Examination Guide entitled “Generic.com Terms after USPTO v. Booking.com”
July 16, 2021:Letter to the USPTO on implementation of the Trademark Modernization Act
May 24, 2021:Comments to the USPTO, regarding updates to requirements for admission to Patent Bar
March 15, 2021:Comments to the Commissioner of Trademarks, USPTO, regarding implementation of the Trademark Modernization Act
January 6, 2021:Letter to the USPTO on proposed continuing legal education requirements for patent practitioners
2011-2020
2020
December 22, 2020:Comments to the Biden Presidential Transition Team on IP issues
December 21, 2020:Letter to the USPTO on its study of state sovereign immunity and its impact on trademark infringement
December 21, 2020:Letter to the USPTO on the application of traditional doctrines of contributory and/or vicarious trademark infringement liability in e-commerce settings
December 17, 2020:Letter to the USPTO Trademark Trial and Appeal Board regarding issuance of precedential decisions. The section was joined in the comments by the ABA Section of Administrative Law and Regulatory Practice
November 18, 2020:Letter to the USPTO Patent Trial and Appeal Board on discretion to institute trials before the PTAB
September 28, 2020:Letter to the USPTO, Office of Enrollment and Discipline, on changes to the regulations on representation of others
July 29, 2020:Letter to the USPTO on proposed trademark fee adjustments
July 17, 2020:Letter to the USPTO on SPC’s Six Draft Judicial Interpretations and Guidance
July 13, 2020:Comments to the USPTO on the COVID–19 Prioritized Examination Pilot Program
June 26, 2020:Letter to USPTO on Notice of Proposed Rulemaking on PTAB Rules of Practice
May 11, 2020:Comments to the USPTO Regarding the SPC’s Draft Implementation Plan and Draft Guidelines Regarding the Enforcement of IP Judgments
March 10, 2020:Letter to the Trademark Trial and Appeal Board concerning issuance of precedential decisions
January 9, 2020:Comments to the USPTO on intellectual property protection for artificial intelligence innovation
2019
December 20, 2019:Comments to the 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 3, 2019:Comments to the USPTO on “Patent Term Adjustment Reductions in View of the Federal Circuit Decision in Supernus Pharm., Inc. v. Iancu”
November 8, 2019:Comments to the USPTO on patent-related issues regarding AI inventions
November 6, 2019:Comments to the Customs and Border Protection agency on abandoned merchandise
October 24, 2019:Comments to the USPTO TTAB regarding issuance of precedential decisions
October 8, 2019:Comments to the USPTO regarding proposed trademark fee increases
December 13, 2018:Comments to the USPTO on Motion to Amend Practice and Procedures in Trial Proceedings under the America Invents Act before the Patent Trial and Appeal Board
August 20, 2018: Letter to the USPTO regarding Letter to the USPTO on determining whether a claim element is well-understood, routine, conventional for purposes of subject matter eligibility (Berkheimer memorandum).
July 23, 2018: Letter to the USPTO regarding principles of patent subject matter eligibility, which represents a consensus by the ABA-IPL, AIPLA and IPO on a statement of principles necessary to any consideration of a possible legislative fix to the current statutory framework for patent eligibility.
July 2, 2018: Letter to the USPTO regarding changes to the claim construction standard for interpreting claims in trial proceedings before the Patent Trial and Appeal Board.
October 10, 2017:Testimony of Scott F. Partridge on Behalf of ABA-IPL Before the USTR Section 301 Committee In the Section 301 Investigation Concerning China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.
October 6, 2017: Comments to the U.S. Trade Representative on the NAFTA negotiations regarding modernization of the North American Free Trade Agreement with Canada and Mexico, supporting a requirement to establish use to obtain a trademark registration, and opposing amendments to the Canadian Trade-Marks Act that would remove the use requirement.
September 26, 2016: Joint Comments from the ABA Sections of Intellectual Property Law and Antitrust Law on proposed updates to the Federal Trade Commission and the U.S. Department of Justice antitrust guidelines for the licensing of intellectual property
March 28, 2016: Letter from the Chair to the U.S. Secretary of Commerce, and the Under Secretary of Commerce for Intellectual Property and Director, United States Patent & Trademark Office on proposed shared services initiative
February 11, 2016:Suggested case study topics for the U.S. Patent and Trademark Office's new pilot program as part of its Enhanced Patent Quality Initiative
July 22, 2014:Comments to the USPTO on Examination Instruction and Guidance Pertaining to Patent-Eligible Subject Matter
June 18, 2014: Comments to the U.S. Trademark Office on proposed reduction of fees for trademark applications and renewals
May 21, 2014: ABA-IPL Comments to the USPTO on Proposed Changes in Requirements for Collective Trademarks and Service Marks, Collective Membership Marks, and Certification Marks
April 23, 2014: ABA-IPL Comments USPTO on proposed changes to trademark rules of practice
April 23, 2014: ABA-IPL Comments to the USPTO on prior art resources
2013
November 27, 2013: ABA-IPL Comments to the USPTO on Post Registration Amendments to Identifications of Goods and Services Due to Technology
November 25, 2013: ABA-IPL Comments to USPTO on the Draft 2014-2018 Strategic Plan
October 11, 2013: ABA-IPL Comments to USPTO regarding "Making "Real Party-in Interest" the New Default"
July 19, 2013:Comments to Intellectual Property Enforcement Coordinator on ITC Exclusion Order Enforcement
July 2, 2013: Comments to USPTO regarding authorization to permit foreign patent offices access to search results for pending USPTO patent applications
May 31, 2013:Comments to the U.S. Copyright Office on Technological Upgrades to Registration and Recordation Functions
May 29, 2013:Comments to USPTO on Changes to Implement PLT
May 20, 2013:Letter to the Office of Management and Budget opposing sequestration of USPTO funding –
April 25, 2013:ABA-IPL Comments to USPTO on Patent Small Claims Proceeding in the U.S.
April 22, 2013:ABA-IPL Comments to IPEC on Trade Secrets Legislation
February 1, 2013:ABA-IPL Comments to the USPTO on Request for Continued Examination (RCE) Practice –
February 1, 2013:ABA-IPL Comments to U.S. Copyright Office on Orphan Works and Mass Digitization
2012
November 16, 2012:Comments to International Trade Commission on Proposed Rulemaking
November 1, 2012: ABA-IPL Comments to the USPTO on Fee-Setting rule Package
October 22, 2012:Comments to U.S. Trademark Office relating to Amending the First Filing Deadline for Affidavits or Declarations of Use or Excusable Nonuse
October 22, 2012: ABA-IPL Comments to U.S. Trademark Office on Adjustment of Fees for Trademark Applications
October 18, 2012: ABA-IPL Comments to Register of Copyrights re Remedies for Small Copyright Claims
October 1, 2012:Comments to the USPTO on First Inventor to File Rule Package
September 21, 2012:ABA-IPL Comments to ITC on Proposed Rulemaking -
August 9, 2012:Comments to USPTO on Changes to Implementing Micro Entity Status for Paying Patent Fees
August 9, 2012:Comments to USPTO on Extension of the Full First Office Action Interview Pilot Program
June 20, 2012:Comments to the USPTO on Need To Review Criteria Used in Determining Secrecy Orders Related to National Security
June 20, 2012:Comments to the USPTO regarding disclosure of sequence listings using XML
January 19, 2012:Comments to the USPTO on Satellite Offices
2011
November 30, 2011:Comments to the USPTO on Prior User Rights
November 17, 2011: Pre-Rulemaking Comments to the USPTO on the Implementation of the America Invents Act
September 27, 2011:Comments to the USPTO on proposed rulemaking relating, inter alia, to the provisions of 37 C.F.R. §1.56
September 13, 2011:Comments to the USPTO on Changes in Requirements for Specimens and for Affidavits or Declarations of Continued Use or Excusable Nonuse in Trademark Cases
August 16, 2011:Comments to the International Trade Commission on implementation of electronic filing
June 20, 2011:Joint comments to the USPTO's TTAB from the ABA Section of Intellectual Property Law and the ABA Section of Dispute Resolution on Trademark Trial and Appeal Board Participation in Settlement Discussions
May 4, 2011:Comments to the USPTO on Improving Regulation and Regulatory Review
April 21, 2011:Comments to the USPTO on the Supplementary Examination Guidelines for Determining Compliance with 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications.
April 21, 2011:Comments to the USPTO on Changes To Implement the Prioritized Examination Track (Track I) of the Enhanced Examination Timing Control Procedures
April 21, 2011:Comments to the USPTO on a proposal for a pilot program entitled Incentivizing Humanitarian Technologies and Licensing through the Intellectual Property System
February 10, 2011:Comments to the USPTO on Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals
2010 and Prior
2010
November 30, 2010: Technical Comments to the U.S. Department of Commerce International Trade Administration's Office of Intellectual Property Rights on Government Programs to Assist Businesses in Protecting Their Intellectual Property Rights in Foreign Markets
November 29, 2010:Comments to the Librarian of Congress on qualifications for Register of Copyrights
November 17, 2010: Technical Comments to the Office of International Trade of the U.S. Customs and Border Protection with respect to promoting enhanced communications and greater transparency in the administration of ITC exclusion orders
September 13, 2010: Technical Comments to the USPTO on the Proposed Initiative: Enhanced Examination Timing Control Initiative
August 31 2010:Comments to the USPTO on the Draft USPTO FY 2010-2015 Strategic Plan
August 11, 2010:Comments to the USPTO Commissioner of Patents on Proposed Changes to Restriction Practice in Patent Applications
April 21, 2010: Section provides Technical comments to the Commissioner for Trademarks on the new Trademarks Next Generation Information Technology Initiative
March 24, 2010: Section provides comments to the Intellectual Property Enforcement Coordinator on the coordination and strategic planning of the federal effort against intellectual property infringement.
2009
June 25, 2009: ABA Urges Senate to Act Promptly on Kappos Nomination to Head USPTO
January 2009:Comments to President-Elect Obama Transition Team
2007
September 2007:Section Comments on Proposed Rules of Practice Changes
September 14, 2007:Letter to President Bush - Accession of the United States to the Geneva Act.
2006
October 6, 2006:Letter to PTO on PTO Draft Strategic Plan for FY 2007-2012
September 11, 2006:Letter to PTO on Changes to Information Disclosure Statement Requirements and Other Related Matters
July 26, 2006:Letter to PTO on Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility
November 9, 2002:Section Chair, Mark Banner, Letter to US Trade Representative, Concerning the Doha Declaration on the TRIPS Agreement and Public Health