USPTO accepting additional comment on state sovereign immunity

On November 5, 2020, the USPTO published a Federal Register notice (85 FR 70589) requesting public input regarding the extent to which patent or trademark right holders are experiencing infringement by state entities without adequate remedies under state law. The time for submitting that input closed on December 21, 2020. The USPTO has reopened the comment period through a Federal Register notice published on January 22, 2021 (86 FR 6636) and will accept additional comment until February 22, 2021.

Requesting feedback on recent infringement and anti-counterfeiting Federal Register Notices

The United States Patent and Trademark Office (USPTO) requests your feedback on three newly issued Federal Register Notices.

State sovereign immunity

The Sovereign Immunity Study notice is intended to aid the USPTO in the preparation of a report requested by Congress on the extent to which trademark and patent rights holders experience infringement by states and state entities without the availability of adequate state law remedies and on the extent to which that infringement may be based on intentional or reckless conduct.

Comments close on December 21, 2020.

Secondary infringement liability in e-commerce

The Secondary Trademark Infringement Liability in the E-Commerce Setting notice requests stakeholder input on changing how secondary infringement liability standards are applied to e-commerce platforms.

Your feedback will help the USPTO make recommendations to the Department of Homeland Security (DHS) on ways to address the problems of online counterfeiting. Comments close on December 28, 2020.

National consumer awareness campaign on counterfeiting

The Development of a National Consumer Awareness Campaign on Combating the Trafficking in Counterfeit and Pirated Products notice seeks information from stakeholders on developing a national consumer awareness campaign between public and private sectors to educate consumers about the risks of counterfeit and pirated goods.

Your feedback will help the USPTO make recommendations to the DHS about developing the national consumer awareness campaign. Comments close on January 4, 2021.

FTC Study on Patent Assertion

An Oct. 6, 2016 FTC press release  reveals that the report examining "the business practices of patent assertion entities (PAEs), firms that acquire patents from third parties and then try to make money by licensing or suing accused infringers" is now published. Entitled Patent Assertion Entity Activity: An FTC Study, the report includes recommendations for patent litigation reforms.

How are patent lawyers reacting to this report? One example has been provided by Michael Risch, Professor of Law at Villanova University. Risch wrote a blog article, The Long Awaited FTC Study on Patent Assertion and Nuisance Litigation, discussing the report using terms a layman can understand. Risch also states, "A scan of the footnotes alone will make a great literature review for anyone new to this area..."

Patent Litigation Online Tool Kit and Webinar

The United States Patent and Trademark Office (USPTO) will host a webinar on September 18, 2014, Noon-1:00 pm Eastern Time, on the Patent Litigation Online Tool Kit. The litigation tool kit answers common questions about patent litigation such as:

• What are my options for responding to the suit?
• How can I tell whether or not I’m infringing?
• How do I find a lawyer?
• How can I challenge a patent or patent application?

This webinar will also highlight FREE resources and tools that may be of assistance if you are accused of patent infringement. The online library of free resources has been updated and can be accessed by using the USPTO’s website, http://www.uspto.gov/patents/litigation/index.jsp.

WEBINAR INFORMATION

WHEN: September 18, 2014, Noon - 1:00 PM (Eastern Time)
Dial In: 1-571-270-7000
Event number: 641 836 089
Event password: 12345
Video portion can be reached at the following address: https://uspto-events2.webex.com/uspto-events2/onstage/g.php?t=a&d=641836089