[Federal Register Volume 87, Number 85 (Tuesday, May 3, 2022)]
[Notices]
[Page 26183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09489]


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 Notices
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  Federal Register / Vol. 87, No. 85 / Tuesday, May 3, 2022 / Notices  

[[Page 26183]]



ADMINISTRATIVE CONFERENCE OF THE UNITED STATES


Small Claims Patent Court Study; Comment Request

AGENCY: Administrative Conference of the United States (ACUS).

ACTION: Notice.

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SUMMARY: The U.S. Patent and Trademark Office (USPTO) is engaging ACUS 
to conduct an independent study of issues associated with and options 
for designing a small claims patent court. ACUS invites public comments 
on these issues as part of its study.

DATES: Comments must be received no later than July 5, 2022.

ADDRESSES: You may submit comments by email at [email protected] (with 
``Small Claims Patent Court Comments'' in the subject line of the 
message); online by clicking ``Submit a comment'' near the bottom of 
the project web page found at https://www.acus.gov/research-projects/us-patent-small-claims-court; or by U.S. Mail addressed to Small Claims 
Patent Court Comments, Administrative Conference of the United States, 
Suite 706 South, 1120 20th Street NW, Washington, DC 20036. Commenters 
should not include information, such as personal information or 
confidential business information, that they do not wish to appear on 
the ACUS website. For the full ACUS public comment policy, please visit 
https://www.acus.gov/policy/public-comment-policy.

FOR FURTHER INFORMATION CONTACT: Kazia Nowacki, Attorney Advisor, 
Administrative Conference of the United States, 1120 20th Street NW, 
Suite 706 South, Washington, DC 20036; Telephone (202) 480-2080; email 
[email protected].

SUPPLEMENTARY INFORMATION: The Administrative Conference Act, 5 U.S.C. 
591-596, established the Administrative Conference of the United 
States. The Conference studies the efficiency, adequacy, and fairness 
of the administrative procedures used by Federal agencies and makes 
recommendations to agencies, the President, Congress, and the Judicial 
Conference of the United States for procedural improvements (5 U.S.C. 
594(1)). For further information about the Conference and its 
activities, see www.acus.gov.

A Small Claims Patent Court

    Since at least the late 1980s, concerns have been raised that the 
high cost of patent litigation deters small- and medium-sized 
enterprises, including those owned by traditionally underrepresented 
groups, from seeking to enforce their patents. Policymakers, scholars, 
and organizations have studied whether a small-claims procedure is 
needed for resolving patent disputes. They have reached different 
conclusions and proposed different actions.
    The Department of Commerce has also considered the possibility of a 
small claims patent court. Most recently, in December 2012, the USPTO 
issued a Federal Register notice requesting public comment on ``whether 
the United States should develop a small claims proceeding for patent 
enforcement'' (77 FR 74830 (Dec. 18, 2012)).
    Given ongoing interest in the topic, USPTO has engaged ACUS to 
conduct an independent survey and analysis of issues associated with 
and options to consider in designing a small claims patent court. A 
report resulting from the study will ultimately be submitted to 
Congress and will address, among other topics, whether there is a need 
for a small claims patent court, the feasibility and potential 
structure of such a court, and the relevant legal, policy, and 
practical considerations in establishing a small claims patent court.

Specific Topics for Public Comment

    ACUS welcomes views, information, and data on all aspects of a 
potential small claims patent court or small claims patent proceeding 
and its impacts. ACUS is also seeking specific feedback on the 
following topics:
    1. Whether there is need for a small claims patent court;
    2. The policy and practical considerations in establishing a small 
claims patent court;
    3. The institutional placement, structure, and internal 
organization of a potential small claims patent court, including 
whether it should be established within the Article III federal courts, 
as or within an Article I court, or as an administrative tribunal;
    4. The selection, appointment, management, and oversight of 
officials who preside over proceedings in a potential small claims 
patent court;
    5. The subject-matter jurisdiction of a potential small claims 
patent court, whether participation in such proceedings would be 
mandatory or voluntary, and whether parties can remove cases to another 
administrative tribunal or federal court;
    6. The procedures and rules of practice for a potential small 
claims patent court, including, as relevant, pleadings, discovery, and 
alternative dispute resolution;
    7. The remedies that a potential small claims patent court would be 
able to provide;
    8. The legal effect of decisions of a potential small claims patent 
court; and
    9. Opportunities for administrative and/or judicial review of small 
claims patent court decisions.

    Dated: April 28, 2022.
Shawne McGibbon,
General Counsel.
[FR Doc. 2022-09489 Filed 5-2-22; 8:45 am]
BILLING CODE 6110-01-P