Notice2022-09489
Small Claims Patent Court Study; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 3, 2022
Issuing agencies
Administrative Conference of the United States
Abstract
The U.S. Patent and Trademark Office (USPTO) is engaging ACUS to conduct an independent study of issues associated with and options for designing a small claims patent court. ACUS invites public comments on these issues as part of its study.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 85 (Tuesday, May 3, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 85 (Tuesday, May 3, 2022)]
[Notices]
[Page 26183]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09489]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Notices
[[Page 26183]]
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
Small Claims Patent Court Study; Comment Request
AGENCY: Administrative Conference of the United States (ACUS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The U.S. Patent and Trademark Office (USPTO) is engaging ACUS
to conduct an independent study of issues associated with and options
for designing a small claims patent court. ACUS invites public comments
on these issues as part of its study.
DATES: Comments must be received no later than July 5, 2022.
ADDRESSES: You may submit comments by email at <a href="/cdn-cgi/l/email-protection#91f8fff7fed1f0f2e4e2bff6fee7"><span class="__cf_email__" data-cfemail="0e676068614e6f6d7b7d20696178">[email protected]</span></a> (with
``Small Claims Patent Court Comments'' in the subject line of the
message); online by clicking ``Submit a comment'' near the bottom of
the project web page found at <a href="https://www.acus.gov/research-projects/us-patent-small-claims-court">https://www.acus.gov/research-projects/us-patent-small-claims-court</a>; or by U.S. Mail addressed to Small Claims
Patent Court Comments, Administrative Conference of the United States,
Suite 706 South, 1120 20th Street NW, Washington, DC 20036. Commenters
should not include information, such as personal information or
confidential business information, that they do not wish to appear on
the ACUS website. For the full ACUS public comment policy, please visit
<a href="https://www.acus.gov/policy/public-comment-policy">https://www.acus.gov/policy/public-comment-policy</a>.
FOR FURTHER INFORMATION CONTACT: Kazia Nowacki, Attorney Advisor,
Administrative Conference of the United States, 1120 20th Street NW,
Suite 706 South, Washington, DC 20036; Telephone (202) 480-2080; email
<a href="/cdn-cgi/l/email-protection#e18a8f8e9680828a88a180829492cf868e97"><span class="__cf_email__" data-cfemail="6b0005041c0a0800022b0a081e18450c041d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Administrative Conference Act, 5 U.S.C.
591-596, established the Administrative Conference of the United
States. The Conference studies the efficiency, adequacy, and fairness
of the administrative procedures used by Federal agencies and makes
recommendations to agencies, the President, Congress, and the Judicial
Conference of the United States for procedural improvements (5 U.S.C.
594(1)). For further information about the Conference and its
activities, see <a href="http://www.acus.gov">www.acus.gov</a>.
A Small Claims Patent Court
Since at least the late 1980s, concerns have been raised that the
high cost of patent litigation deters small- and medium-sized
enterprises, including those owned by traditionally underrepresented
groups, from seeking to enforce their patents. Policymakers, scholars,
and organizations have studied whether a small-claims procedure is
needed for resolving patent disputes. They have reached different
conclusions and proposed different actions.
The Department of Commerce has also considered the possibility of a
small claims patent court. Most recently, in December 2012, the USPTO
issued a Federal Register notice requesting public comment on ``whether
the United States should develop a small claims proceeding for patent
enforcement'' (77 FR 74830 (Dec. 18, 2012)).
Given ongoing interest in the topic, USPTO has engaged ACUS to
conduct an independent survey and analysis of issues associated with
and options to consider in designing a small claims patent court. A
report resulting from the study will ultimately be submitted to
Congress and will address, among other topics, whether there is a need
for a small claims patent court, the feasibility and potential
structure of such a court, and the relevant legal, policy, and
practical considerations in establishing a small claims patent court.
Specific Topics for Public Comment
ACUS welcomes views, information, and data on all aspects of a
potential small claims patent court or small claims patent proceeding
and its impacts. ACUS is also seeking specific feedback on the
following topics:
1. Whether there is need for a small claims patent court;
2. The policy and practical considerations in establishing a small
claims patent court;
3. The institutional placement, structure, and internal
organization of a potential small claims patent court, including
whether it should be established within the Article III federal courts,
as or within an Article I court, or as an administrative tribunal;
4. The selection, appointment, management, and oversight of
officials who preside over proceedings in a potential small claims
patent court;
5. The subject-matter jurisdiction of a potential small claims
patent court, whether participation in such proceedings would be
mandatory or voluntary, and whether parties can remove cases to another
administrative tribunal or federal court;
6. The procedures and rules of practice for a potential small
claims patent court, including, as relevant, pleadings, discovery, and
alternative dispute resolution;
7. The remedies that a potential small claims patent court would be
able to provide;
8. The legal effect of decisions of a potential small claims patent
court; and
9. Opportunities for administrative and/or judicial review of small
claims patent court decisions.
Dated: April 28, 2022.
Shawne McGibbon,
General Counsel.
[FR Doc. 2022-09489 Filed 5-2-22; 8:45 am]
BILLING CODE 6110-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 3, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.