From the United States Patent and Trademark Office:WASHINGTON- The United States Patent and Trademark
Office (USPTO) has submitted reports for two intellectual property law
studies required by the America Invents Act (AIA) to Congress. The
first report was prepared under Section 3 of the AIA and addresses the
scope of prior user rights defense in industrialized countries. The
second report was prepared under Section 31 of the AIA and concerns
international patent protection for small businesses. Both reports can
be accessed from the USPTO's website at http://www.uspto.gov/americainventsact.
The Prior User Rights Defense Report includes a comparison of prior user
rights in industrialized countries; the impact of prior user rights on
innovation, start-up enterprises, small businesses, individual
inventors, and universities; an analysis of the legal and constitutional
issues with placing trade secret law in patent law; and an analysis of
whether a first-to-file system creates a need for prior user rights.
The Prior User Rights Defense Study was conducted in consultation with
the Department of State, Department of Justice, and United States Trade
Representative. The Prior User Rights Defense Report offers ten
specific fact findings and makes five recommendations regarding the
The International Patent Protection for Small Business Report considers
how to best help small businesses with patent protection overseas,
including whether a loan or grant program should be established to help
small businesses cover the costs of application, maintenance, and
enforcement fees or related technical assistance. The International
Patent Protection for Small Business Study was developed in consultation
with the Small Business Administration. The International Patent
Protection for Small Business Report presents ten fact findings and
contains four recommendations.
The USPTO and partner agencies held public hearings and solicited
written public comments for both studies. For the Prior User Rights
Study, the agency received 28 public comments, and six witnesses
testified at the hearing. For the International Patent Protection for
Small Business Study, the agency received 19 public comments, and twelve
witnesses testified at the hearing. The USPTO integrated the public
input into the reports in both the fact findings and recommendations.
In additional to these two studies, Congress has required the USPTO to
conduct five additional studies in the upcoming months. Next, the USPTO
will study secondary genetic testing following the same protocol for
the Prior User Rights Defense and International Patent Protection for
Small Business Studies of hosting public hearings and seeking written
public comments. The USPTO will soon publish a Federal Register Notice
with details about the genetic testing study.
For non-press inquiries, contact Dana Colarulli, at firstname.lastname@example.org. To stay current with the USPTO, subscribe to regular e-mail updates at www.uspto.gov/subscribe.
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