GOAL 3: Improve Intellectual Property Protection and Enforcement Domestically and Abroad

Introduction

One of the tenets of the American Competitiveness Initiative is to foster a business environment that encourages entrepreneurship and protects IP. The White House is the lead for this initiative. The USPTO is an important component in the Administration's strategy to encourage American innovation and strengthen the nation's ability to compete in the global economy. America's economic strength and global leadership depend on continued innovation, and the ability to protect investments in those innovations.

To keep competitive in an increasingly globalized business environment, U.S. businesses need as much certainty as possible in the creation and protection of their IP, both here and abroad. Losses due to counterfeiting and piracy seriously undermine U.S. businesses' ability to trade globally. Additionally, the costs and difficulties in obtaining IP protection globally and preserving and enforcing these rights is an impediment for many businesses.

Challenges/Opportunities

There is a lack of simplified and harmonized international IP systems, which is making it difficult, slow, and expensive for innovators and businesses to obtain protection in global markets.

Achieving an appropriate balance between rights holders and users will challenge all countries participating in the international IP rights system.

Lack of unity among pro-IP nations may allow anti-IP forces, which oppose existing and new IP rights standards, to exploit relationships to the detriment of the public worldwide.

We must address counterfeiting, piracy and failure to respect IP rights here and abroad.

The Office must craft and deliver an effective educational program about the benefits and effective use of IP, scam awareness, and careers in IP fields; and expand access to IP information.

Our Strategic Response

We will advocate U.S. Government IP policy by increasing our presence and activities domestically and internationally, partner with international counterparts in pursuit of harmonization, and increase the certainty and effectiveness of IP rights through developments in decisional law.

Objective #1:  Support efforts and initiatives aimed at strengthening IP protection and curbing theft of IP.

Initiatives

• Expand foreign postings of IP experts to advocate U.S. Government IP policy, interests and initiatives, conduct training on IP rights matters, and assist U.S. businesses
  
• Expand the GIPA to raise awareness of IP theft worldwide and improve an understanding of IP rights

Expand training and capacity building to help create an understanding of, and the infrastructure for, IP rights that would allow various countries to participate in international trade, thereby enabling Americans to increase their ability to market products abroad

• Negotiate and monitor implementation of IP rights chapters of Free Trade Agreements (FTAs) in conjunction with the USTR, thereby ensuring IP rights protection at levels similar to those in the United States

Objective # 2:  Continue efforts to develop unified standards for international IP practice.

Initiatives

• Advocate progress in IP-related norm-setting bodies by promoting the harmonization of global IP systems and reducing duplication of efforts through bilateral, regional and multilateral fora
  
• Develop guidance for electronic filing and processing by promoting the compatibility and interoperability of patent and trademark electronic filing and processing systems among IP offices, thereby enhancing efficiencies in the acquisition and maintenance of IP rights

Objective #3:  Provide policy guidance on domestic IP issues.

Initiatives

• Develop domestic IP reform proposals by taking a comprehensive and participatory role in addressing issues through the establishment of reform focus groups, developing positions and drafting legislation to implement IP treaties
  
• Maximize best practices from BPAI and TTAB decisions by increasing the impact of Board decisions in developing best practices for patent and trademark examination and allowance
  
• Support post-grant review legislation to ensure that the ultimate legislation comports as closely as possible with the Administration's view of an effective system

Objective #4:  Foster innovation and competitiveness by delivering IP information and education worldwide.

Initiative

• Promote the importance of IP by taking a coordinated approach in carrying out projects related to communication, education and support, and domestic and international public awareness, including a focus on the special needs of independent inventors and entrepreneurs

Performance Measures

• Number of instances in which USPTO experts review IP policies/standards
  
• Improving worldwide IP expertise for U.S. Government interests
  
• Plans of action, mechanisms and support programs initiated or implemented in developing countries

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