[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Notices]
[Page 76389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31305]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2011-0081]
Extension of Comment Period Regarding Comments on Intellectual
Property Enforcement in China
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice of extension of public comment period.
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SUMMARY: To provide interested parties with the opportunity to comment
further to the original request for public comment (see http://www.gpo.gov/fdsys/pkg/FR-2011-10-17/pdf/2011-26757.pdf), The United
States Patent and Trademark Office (``USPTO'') is extending the period
for public comment regarding any challenges that U.S. inventors and
companies are facing with the judicial and/or administrative patent
enforcement systems of the People's Republic of China.
USPTO invites any member of the public to submit written comments
on China's patent enforcement system, including, but not limited to,
the following five topics: acquisition and enforcement of utility model
and design patents; evidence collection and preservation in Chinese
courts; obtaining damages and injunctions; enforceability of court
orders and judgments; and administrative patent enforcement. The USPTO
would like to resolve rights holders' concerns by working with them to
identify problems regarding these and other areas of China's patent
enforcement system so that it can then address these issues with the
Chinese Government. To help the USPTO address these issues, it
encourages interested members of the public to respond to this request.
DATES: Written comments must be received on or before December 21,
2011.
ADDRESSES: Written comments should be sent by electronic mail message
via the Internet addressed to [email protected]. Comments may also be
submitted by mail addressed to: Mail Stop OPEA, United States Patent
and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, Attn:
Elizabeth Shaw. Although comments may be submitted by mail, the USPTO
prefers to receive comments via the Internet. If you would like to
submit confidential business information that supports your comments,
please contact Elizabeth Shaw at [email protected], or 571-272-
8494.
The written comments will be available for public inspection by
appointment only at the Office of Policy and External Affairs in the
Executive Library located in the Madison West Building, Tenth Floor,
600 Dulany Street, Alexandria, Virginia, 22314. Contact: Elizabeth Shaw
at [email protected], or 571-272- 8494.
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.
FOR FURTHER INFORMATION CONTACT: Elizabeth Shaw, Office of Policy and
External Affairs, by phone 571-272-8494, by facsimile to 571-273-0123,
by email at [email protected], or by mail addressed to: Mail
Stop OPEA, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, Virginia 22313-1450, Attn: Elizabeth Shaw.
SUPPLEMENTARY INFORMATION: On October 17, 2011, the USPTO published a
Request for Comments on Intellectual Property Enforcement in China. See
76 FR 64075, Oct. 17, 2011. More specifically, the USPTO invited
members of the public to comment on their patent enforcement
experiences in China. Of concern were the two primary avenues of patent
enforcement in China: the judiciary; and the State Intellectual
Property Office (SIPO). In regard to the former, concerns over China's
judiciary (such as lack of adequate discovery powers, evidentiary
burdens, and low damages rewards) have been cited as reasons why U.S.
and foreign companies do not file more patent suits in Chinese courts.
In regard to the latter, limited investigative powers of the agency and
ineffectual penalties for infringement have been cited as reasons for
the weakness of this enforcement route.
The notice invited the public to submit written comments on China's
patent enforcement system, including, but not limited to, the following
five topics: (1) Acquisition and enforcement of utility model and
design patents; (2) evidence collection and preservation in Chinese
courts; (3) obtaining damages and injunctions; (4) enforceability of
court orders; and (5) administrative patent enforcement. The USPTO is
now extending the period for submission of public comments until
December 21, 2011.
Dated: November 30, 2011.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2011-31305 Filed 12-6-11; 8:45 am]
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