ACT | The App Association congratulates the Honorable Katherine Vidal on her recent confirmation as director of the U.S. Patent and Trademark Office (USPTO) and makes recommendations for USPTO action needed to support American small business innovators

ACT | The App Association congratulates the Honorable Katherine Vidal on her recent confirmation as director of the U.S. Patent and Trademark Office (USPTO). The App Association represents thousands of small business software application development companies
and technology firms across the mobile economy that rely on the ability to protect their intellectual property rights (whether in licensing or in litigation) in a predictable environment. Patents and trademarks allow small business innovators to protect investments, attract venture capital, establish a position in the marketplace, and compete on a level playing field in dealings with established companies and competitors, which is especially difficult for innovators from underrepresented communities.

Under Director Vidal’s leadership, the App Association recommends that the USPTO enable all small business innovators to succeed by making the patent system accessible to entrepreneurs of color, allowing them to attain and leverage their intellectual property. USPTO can support job creation and growth for small companies in the app economy by:

Prioritizing patent quality by ensuring that only valid patents issue and safeguard against the issuance or enforcement of low-quality patents;
Helping avoid abusive patent litigation and behavior by improving the USPTO’s tools that reduce risks for all entrepreneurs (e.g., the Patent Trial and Appeal Board);
Joining with the Department of Justice and National Institute for Standards and Technology in advancing a recently rewritten draft policy statement that describes remedies available for standard-essential patent (SEP) licensors that better reflects the
state of federal law, and discourages the issuance of injunctions against would-be licensees of SEPs on antitrust grounds;
Advancing a strong, fair, transparent trademark system that will protect consumers while supporting small business entrepreneurs;
Better coordinating with other agencies with functions that impact intellectual property
rights, including the U.S. International Trade Commission, the U.S. Copyright Office, and others; and
Expanding international leadership through coordination and education activities through
both bilateral interactions as well as through multilateral fora.

Read the letter here.