[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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