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ARTICLE · 29 MAY 2014

Public Comments On USPTO Proposed Attributable Ownership Rules

The USPTO proposed attributable ownership rules would require the public disclosure of the "attributable owner" of patent applications and patents.

United StatesIntellectual Property

The USPTO proposed attributable ownership rules would require the public disclosure of the "attributable owner" of patent applications and patents. In this article, I outlined some of my concerns with the proposed rules. Here, I provide a review of some of the written comments submitted to the USPTO in response to the Federal Register Notice.

Of the 67 public comments on the rules posted on the USPTO website, the majority of voices are in loud opposition. Most opposing comments touch on the same issues. Rather than repeating those detailed analyses, the following vignettes give a flavor of the opposition.

I. The proposed rules are not necessary

The Notice of Proposed Rule Making justifies the rules as vital to the patent system, both for the functioning of the USPTO and for the functioning of business and the courts. The critics noted that not only has the USPTO functioned for decades without these rules, but that there is no evidence that the rules would

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