ENFORCEMENT
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eop_ipec_jointstrategicplan_hi-res
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Joint Strategic Plan on Intellectual Property Enforcement<br />
SECTION 4<br />
Training Program (PETTP) and other initiatives; (2)<br />
providing inter-agency leadership and technical expertise<br />
on emerging technology initiatives; and (3) facilitating<br />
discussions with stakeholders on the impact of emerging<br />
technologies on the patent system. The USPTO is<br />
closely monitoring the intellectual property implications<br />
of technologies such as additive or “3D” printing, the<br />
“Internet of Things,” and blockchain.<br />
The goal is to carefully monitor the impacts of<br />
recent changes to the U.S. patent system, coupled with<br />
the continued collection and review of empirical data,<br />
to assess policy options that balance the important<br />
needs of patent holders with the goal of reducing truly<br />
frivolous litigation.<br />
ACTION NO. 4.7: Continue implementation<br />
of the Enhanced Patent Quality Initiative.<br />
USPTO will continue implementation of its<br />
Enhanced Patent Quality Initiative and seek input<br />
from stakeholders on ways to further improve<br />
correctness, clarity and consistency of patent<br />
examination. USPTO will use stakeholder input,<br />
as well as data collected and lessons learned<br />
from implementation of the initiative, to promote<br />
continuous process improvement.<br />
ACTION NO. 4.8: Promote continued<br />
collaboration between rights holders and the<br />
USPTO to benchmark post grant proceedings.<br />
Benchmarking post grant proceedings under<br />
the AIA will help stakeholders understand the<br />
changing landscape of patent litigation and how<br />
patents are being challenged and evaluated.<br />
USPTO will continue investing in a data driven<br />
strategy when evaluating the effectiveness of<br />
the new post grant proceedings and reforms to<br />
the PTAB.<br />
ACTION NO. 4.9: Promote continued training<br />
and dialogue regarding emerging technologies<br />
on the patent system. USPTO, with assistance<br />
from stakeholders, will continue to deliver expert<br />
technical training on emerging technologies to<br />
patent examiners. The USPTO will also continue<br />
to lead and provide technical expertise on<br />
inter-agency initiatives related to emerging<br />
technology and create new avenues for dialogue<br />
with stakeholders on the impact of emerging<br />
technologies on the patent system.<br />
ACTION NO. 4.10: Provide expert technical<br />
assistance to Congress on any necessary<br />
patent reform efforts. USPTO, in coordination<br />
with the White House and other Executive<br />
Branch agencies, will continue to provide expert<br />
technical assistance to Congress in support of<br />
patent reform efforts, with the goal of promoting<br />
targeted, balanced improvements, as necessary,<br />
that curtail abusive patent litigation practices<br />
while maintaining robust patent enforcement.<br />
2. Enhancing Domestic Design Protection.<br />
Balanced policies that support strong industrial<br />
design rights and reward ornamental innovation and<br />
entrepreneurship are key to an effective design patent<br />
system, and contribute to a strong economy.<br />
Over the past years, new and emerging industrial<br />
designs have gained prominence in the commercial<br />
market. Graphical user interfaces (GUIs), icons,<br />
transitional images, and animated images embodied in<br />
articles of manufacture are routinely the first level of user<br />
interaction that drive purchases and success of many<br />
consumer products today. The USPTO, with assistance<br />
from stakeholders, is reviewing legal frameworks and<br />
office practices to meet user needs to protect designs<br />
embodied in these and other emerging technologies<br />
and to identify where legal frameworks and office<br />
practices could be enhanced.<br />
Technical advances, such as the growing prevalence<br />
of 3D printing, electronic transmissions and virtual<br />
reality, also impact the enforcement of design rights. It<br />
remains uncertain how some designers can rely on the<br />
current industrial design legal framework to effectively<br />
enforce their rights in light of these emerging technical<br />
means for infringement. The USPTO recognizes these<br />
impending challenges and consults with the public to<br />
identify legal and procedural gaps that may require<br />
action by courts, Congress, the USPTO or others.<br />
USPTO’s Enhanced Patent Quality Initiative includes<br />
a program designed to enhance domestic design<br />
protection. The Design Patent Publication Quality<br />
program seeks to improve the quality of drawings<br />
in published design patents. Degradation of finally<br />
printed patent grant images, relative to their incoming<br />
patent application images, is significant in design<br />
patents especially because the drawings define the<br />
claimed invention.<br />
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