[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices]
[Pages 62389-62391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26157]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No.: PTO-P-2011-0062]


Request for Comments and Notice of Public Hearings on the Study 
of International Patent Protection for Small Businesses

    The United States Patent and Trademark Office (USPTO) is interested 
in gathering information on international patent protection for small 
businesses for purposes of preparing a report on the subject as 
required by the America Invents Act. To assist in gathering this 
information, the USPTO is holding a public hearing at which interested 
members of the public are invited to testify on this topic. In 
addition, members of the public may submit written comments.
    Public Hearing: The USPTO will hold two hearings in support of the 
study of international patent protection for small businesses. The 
first public hearing will be held on October 27, 2011, beginning at 1 
p.m. Eastern Daylight Time (EDT) and ending at 4 p.m. EDT. The first 
public hearing will be held at the USPTO in the Madison Auditorium on 
the concourse level of the Madison

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Building, located at 600 Dulany Street, Alexandria, Virginia 22314. The 
second public hearing will be held on November 1, 2011, beginning at 9 
a.m. Pacific Daylight Time (PDT) and ending at 12 p.m. PDT. The second 
public hearing will be held at the University of Southern California in 
the Gould School of Law, located at 699 Exposition Boulevard, Los 
Angeles, California 90089.
    Those wishing to present oral testimony at the hearing must request 
an opportunity to do so in writing by e-mail to [email protected] 
no later than October 20, 2011, for the first public hearing, and no 
later than October 25, 2011, for the second public hearing. Requests to 
testify at the hearing must indicate the following information: (1) The 
name of the person desiring to testify; (2) the person's contact 
information (telephone number and electronic mail address); (3) the 
organization(s) the person represents, if any; and (4) a preliminary 
written copy of their testimony. Based on the requests received, an 
agenda of scheduled testimony will be sent to testifying respondents, 
and posted on the USPTO Internet Web site (address: http://www.uspto.gov/americainventsact).
    Speakers selected to provide testimony at the hearing should 
provide a final written copy of their testimony for inclusion in the 
record of the proceedings no later than October 21, 2011.
    The USPTO plans to make the public hearing available via webcast. 
Webcast information will be available on the USPTO's Internet Web site 
(address: http://www.uspto.gov/americainventsact) before the public 
hearing.
    Written Comments: Written comments should be sent by e-mail to 
[email protected]. Comments may also be submitted by postal mail 
addressed to: Saurabh Vishnubhakat, Attorney Advisor, Office of Chief 
Economist, United States Patent and Trademark Office, Mail Stop 
External Affairs, P.O. Box 1450, Alexandria, VA 22313-1450. Although 
comments may be submitted by postal mail, the USPTO prefers to receive 
comments via e-mail. The deadline for receipt of written comments for 
consideration by the USPTO is November 8, 2011. Written comments should 
be identified in the subject line of the e-mail or postal mailing as 
``International Patent Protection for Small Businesses.''
    Because comments will be made available for public inspection, 
information that is not desired to be made public, such as an address 
or phone number, should not be included in the comments.
    Availability of Hearing Transcript and Written Comments: A 
transcript of the hearing and the written comments will be available 
for public inspection at the Office of Chief Economist, located in the 
Madison West Building, Tenth Floor, 600 Dulany Street, Alexandria, 
Virginia 22314. In addition, the hearing transcript and the comments 
from the public will also be available via the USPTO Internet Web site 
(address: http://www.uspto.gov/americainventsact).
    Contact: Saurabh Vishnubhakat, Office of Chief Economist, by 
telephone 571-272-3427; by e-mail at [email protected]; or 
by postal mail addressed to: Saurabh Vishnubhakat, Office of Chief 
Economist, United States Patent and Trademark Office, Madison West 
Building, Tenth Floor, 600 Dulany Street, Alexandria, Virginia 22314.
    The America Invents Act, Section 31, charges the Director of the 
United States Patent and Trademark Office (USPTO), in consultation with 
the Secretary of Commerce and the Administrator of the Small Business 
Administration, with delivering a study no later than 120 days after 
the enactment of the Act (i.e., by January 14, 2012) on how the USPTO, 
in coordination with other Federal departments and agencies, can best 
help small businesses with international patent protection. The USPTO 
therefore broadly seeks comments on how to address the issue of 
international patent protection for small businesses and whether a 
revolving fund loan program or a grant program should be established to 
pay for the costs of filing, maintaining, and enforcing international 
patent protection.
    Issues for Testimony and/or Written Comment: Interested members of 
the public are invited to submit testimony and/or written comments on 
issues that they believe relevant to international patent protection 
for small businesses. The questions enumerated below are a preliminary 
guide for gathering comments on the potential legislative strategies 
that the USPTO should recommend to Congress. The public is invited to 
answer any or all of these questions. The tenor of the following 
questions should not be taken as an indication that the USPTO has taken 
a position or is predisposed to any particular views.
    1. Overall, how important is international patent protection to 
small business?
    2. At what point, if ever, in the growth of small companies does 
international patent protection become important?
    3. What challenges, if any, interfere with the growth and 
competitiveness of small companies if international patent protection 
is not sought early in the innovation process?
    4. What specific role does international patent protection play in 
the successful internationalization strategies (such as franchising, 
exporting, or foreign-direct-investment) of small businesses? Does this 
role differ by industry or sector?
    5. How can the USPTO and other Federal agencies best support small 
businesses regarding international patents:
    (a) In obtaining international patent rights?
    (b) In maintaining international patent rights?
    (c) In enforcing international patent rights?
    6. What role should the Federal Government play in assisting small 
businesses to defray the costs of filing, maintaining, and enforcing 
international patent protection?
    7. In order to help small businesses pay for the costs of filing, 
maintaining, and enforcing international patent applications, how 
effective would it be to establish a revolving fund loan program to 
make loans to small businesses to defray the costs of such 
applications, maintenance, and enforcement and related technical 
assistance?
    (a) Under what specific circumstances, if at all, would such a fund 
be effective at helping small businesses?
    (b) If such a fund would be effective, should the fund be 
maintained by the Federal Government, and if so, through what 
mechanism?
    (c) What criteria should be used to decide upon recipients of 
funding?
    (d) Could the private sector be meaningfully involved in 
maintaining and implementing such a fund?
    8. In order to help small businesses pay for the costs of filing, 
maintaining, and enforcing international patent applications, how 
effective would it be to establish a grant program to defray the costs 
of filing applications, paying maintenance fees, and conducting 
enforcement and to provide related technical assistance?
    (a) Under what circumstances, if at all, would such a program be 
effective at helping small businesses?
    (b) If such a grant program would be effective, should the program 
be maintained by the Federal Government, and if so, through what 
mechanism?

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What type of grant program, covering what specific costs, would be most 
effective?
    (c) What criteria should be used to decide upon recipients of 
grants?
    (d) Could the private sector be meaningfully involved in 
maintaining and implementing such a program?
    9. If the Federal Government is limited to providing either (i) A 
revolving fund loan program or (ii) a grant program described above, 
but not both, which of these options would be more effective in 
accomplishing the outcome of helping small businesses pay for the costs 
of filing, maintaining, and enforcing international patent 
applications?
    10. Are there circumstances under which the Federal Government 
should not consider establishing any of these programs?

    Dated: October 4, 2011.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2011-26157 Filed 10-6-11; 8:45 am]
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