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USPTO Seeks Public Comment on Potential Creation of Patent Small Claims Proceeding
Practical Law Legal Update 7-523-2119 (Approx. 2 pages)
USPTO Seeks Public Comment on Potential Creation of Patent Small Claims Proceeding
by PLC Intellectual Property & Technology
| Published on 17 Dec 2012 • USA (National/Federal) |
The US Patent and Trademark Office has requested comments regarding whether it should develop a small claims proceeding for patent enforcement. In particular, the USPTO seeks suggestions for the core characteristics of such a proceeding.
On December 17, 2012, the US Patent and Trademark Office issued a request for public comment on whether the US should develop a patent enforcement small claims proceeding. The USPTO seeks to determine:
- Whether there is a need and desire for this proceeding.
- In what circumstances, if any, the proceeding may be needed.
- What features the proceeding should include.
The USPTO requests the public to consider and comment on:
- Core characteristics of a patent small claims proceeding including subject matter jurisdiction, venue, available remedies and appellate review.
- Perceived unintended negative consequences of a patent small claims proceeding, and proposed safeguards to reduce or eliminate unintended negative consequences.
The USPTO is accepting comments through March 18, 2013. Comments may be e-mailed to [email protected].