Notice & Comment

Agency Spotlight: More Time to Comment on Patent Small Claims Proceedings, by Shannon Allen

Stakeholders have more time to weigh in on the need for small claims proceedings in patent enforcement. After consulting with Federal judges, academia, private practitioners, and bar and industry associations, the United States Patent and Trademark Office (USPTO) published a request for comments from the public in the Federal Register on this issue. The comment period was set to end March 18, 2013. Section members and the public now have until April 30, 2013 to submit comments to the USPTO.

Public comments can focus on any issue relevant to patent small claims proceedings. The USPTO is specifically interested in comments that provide:

  • A general description of the need (or lack thereof) for a patent small claims court (or other streamlined proceeding), and why or why not.
  • Detailed views on how a preferred patent small claims proceeding should operate, including, possible venues, preferred subject matter jurisdiction, waiving right to jury trial, required pleadings, filing fees, multiple parties, attorneys’ role, case management, remedies, attorney fees, mediation, etc.
  • Any unintended negative consequences of a patent small claims proceeding.

Written comments can be sent by email (preferred method) to with the subject line “Patent Small Claims” or postal mail addressed to: Mail Stop OPEA, P.O. Box 1450, Alexandria, VA 22313-1450, ATTN: Elizabeth Shaw. Comments will be available for public inspection so they should not include any private information. 

This post was originally published on the legacy ABA Section of Administrative Law and Regulatory Practice Notice and Comment blog, which merged with the Yale Journal on Regulation Notice and Comment blog in 2015.

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