While rooted in constitutional foundations, U.S. patent policy and practices continue to evolve to keep pace with innovation. Some current initiatives are highlighted below.
Attributable patent ownership
In June 2013, the White House issued a series of executive actions concerning high-tech patent issues. Among these was an effort to improve transparency in patent ownership. In 2014 the USPTO formulated a proposed rule that would require patent applicants and owners to regularly update ownership information. The USPTO solicited comment on this rule via a Notice of Proposed Rulemaking and a series of public roundtables held in March 2014.
Patent small claims proceedings in the United States
On July 27, 2021, a bipartisan group of six U.S. senators transmitted a letter to the USPTO, requesting a study regarding the feasibility of establishing a small claims court for patent claims. The USPTO subsequently engaged the Administrative Conference of the United States (“ACUS”) to conduct an independent study of issues associated with and options for designing a small claims patent court. On March 31, 2023, the ACUS Office of the Chair issued its report. The report does not state an ultimate position regarding whether or how to establish a small claims court for patent claims. Rather, the report presents four forum options for a small claims court that the report indicates have significant support: (1) U.S. district courts; (2) the USPTO; (3) the U.S. International Trade Commission; and (4) a new and independent federal institution. The report further details the benefits, drawbacks, and institutional and procedural considerations for these four forum options.
Privileged communications with patents practitioners
On February 18, 2015, the USPTO hosted a roundtable regarding protections from disclosure for communications between patent applicants and their advisors. The issues covered for this roundtable included:
- Whether and to what extent U.S. courts should recognize privilege for communications between foreign patent practitioners and their clients
- The extent to which communications between U.S. patent applicants and their non-attorney U.S. patent agents should be privileged in U.S. courts
- Whether and to what extent communications between U.S. patent practitioners and their clients should receive privilege in foreign jurisdictions.
For more information, read the summary on the roundtables and the comments.