By Donald Zuhn --
On Friday, the U.S. Patent and Trademark Office announced that it was seeking comments with regard to two studies it must conduct under the Leahy-Smith America Invents Act (AIA). The studies, on the operation of prior user rights in selected countries in the industrialized world and international patent protection for small businesses, are mandated by §§ 3(m) and 31 of the AIA.
The Office's request for comments with regard to the prior user rights study came via a notice in the Federal Register (76 Fed. Reg. 62388). The Office notes that it is seeking information regarding the following:
(1) comparison(s) between the patent laws of the U.S. and the laws of other industrialized countries;
(2) the effect of prior user rights on innovation rates;
(3) the correlation, if any, between prior user rights and start-up enterprises as well as the ability to attract venture capital to start new companies;
(4) the effect of prior user rights, if any, on small businesses, universities, and individual inventors;
(5) legal and constitutional issues with placing trade secret law in patent law; and
(6) whether or not the change to a first-to-file patent system creates any particular need for prior user rights.
Written comments can be sent by e-mail to [email protected] or by regular mail addressed to: Mail Stop OPEA, P.O. Box 1450, Alexandria, VA 22313–1450, ATTN: Elizabeth Shaw, and must be submitted by November 8, 2011.
The Office also notes that it will be holding a public hearing on the prior user rights study from 8:30 to 11:30 am (EDT) on October 25, 2011 in the Madison Auditorium at the USPTO. Those wishing to present oral testimony at the hearing must send a request to do so by e-mail to [email protected] by October 18, 2011. Requests must be accompanied by the name of the person testifying, the person's contact information (telephone number and e-mail address), the organizations the person represents, if any, and a preliminary written copy of the person's testimony. The USPTO plans to webcast the hearing.
The notice concludes with a list of seven topics/questions for which the Office seeks comment and testimony. Additional information regarding the submission of comments and the hearing can be found in the notice.
The Office set forth its request for comments concerning international patent protection for small businesses in a second Federal Register notice (76 Fed. Reg. 62389). Written comments regarding the study can be sent by e-mail to [email protected] or by regular mail addressed to: Saurabh Vishnubhakat, Attorney Advisor, Office of Chief Economist, United States Patent and Trademark Office, Mail Stop External Affairs, P.O. Box 1450, Alexandria, VA 22313–1450, and must be submitted by November 8, 2011.
The notice also indicates that the Office will be holding two hearings regarding the study: the first from 1 to 4 pm (EDT) on October 27, 2011, and the second from 9 am to 12 pm (EDT) on November 1, 2011. The first hearing will be held in the Madison Auditorium at the USPTO and the second hearing will be held in the Gould School of Law at the University of Southern California. Those wishing to present oral testimony at either hearing must send a request to do so by e-mail to [email protected] by October 20, 2011 for the first meeting and by October 25, 2011 for the second meeting. Requests must be accompanied by the name of the person testifying, the person's contact information (telephone number and e-mail address), the organizations the person represents, if any, and a preliminary written copy of the person's testimony. The USPTO plans to webcast both hearings.
The notice concludes with a list of ten topics/questions for which the Office seeks comment and testimony. Additional information regarding the submission of comments and the hearings can be found in the notice.
Comments