USPTO Extends Deadline for Comments on Standards and IP

I noted two weeks ago that the U.S. International Trade Administration (ITA), the National Institute of Standards and Technology (NIST), and the USPTO had published a notice in the Federal Register stating that these agencies "are seeking stakeholder input on the current state of U.S. firm participation in standard setting, and the ability of U.S. industry to readily adopt standards to grow and compete, especially as that relates to the standardization of critical and emerging technologies," and would be holding a public listening session on Wednesday, September 20, 2023, from 1 to 5 p.m. ET.  The notice also stated that written comments would be accepted through September 29 (pretty short window, that), but today the USPTO announced that it was extending the deadline through November 6.  (Hat tip to Jorge Contreras for calling this to my attention.)  I have pasted the announcement below:

Deadline for stakeholder comments on standards and intellectual property extended to November 6

Comments in response to the U.S. Patent and Trademark Office (USPTO), International Trade Administration (ITA), and National Institute of Standards and Technology (NIST) joint request for comments (RFC) on standards and intellectual property (IP) must now be submitted by November 6, 2023. Full details are available in this Federal Register Notice (FRN).

Background on the joint agency request for comments on standards and IP

On September 11, 2023, ITA, NIST, and the USPTO (collectively referred to as "the Agencies") announced a request for stakeholder input on the current state of U.S. firm participation in international standard setting, and the ability of U.S. industry to readily adopt standards to grow and compete, especially as it relates to the standardization of critical and emerging technologies.

The Agencies are seeking feedback on issues that stakeholders face at the intersection of standards and IP, especially for small and medium enterprises.

“I am particularly looking forward to hearing how the U.S. Department of Commerce can foster the standardization of the industries of tomorrow as well as encouraging new market entrants, especially small- and medium-sized businesses,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO Kathi Vidal.  “And I look forward to your comments on what more the U.S. Government and the USPTO can do when it comes to Standard Essential Patents (SEP) policy.”

To learn more, and to submit your comments, see the FRN.

The September 11 request is a companion publication to a request for information published by NIST on September 7, which is broader in scope, seeking public input on how best to implement the U.S. Government National Standards Strategy for Critical and Emerging Technology. The comment period for NIST’s request for information also closes November 6, 2023. Your responses to both notices will be used to shape key U.S. strategy.

To learn more and to submit your comments to the NIST RFI see the FRN.