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The Congressional bill which created the USPTO study (S. 2968 here) required that “study and report” be provided “to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives” not later “than 1 year after the date of enactment of this Act” which became effective on March 17, 2010. As result, the study and report are due today. The statute directs the Secretary of Commerce to carry out the study and report, but it appears that the USPTO (part of the Department of Commerce) was given the lead on the task.

Here are just a few questions as the report is completed and made to Congress:

– Will the study and report recommend any changes or actions by the USPTO, by Congress, or by other government agencies? Will is recommend any changes to the law?

– Will the study and report be made public?

– Will the House or Senate hold any public hearings on the issues?

– Has the Intellectual Property Enforcement Coordinator been involved in the study and report at all? The study has not been mentioned in her recent testimony, on her office’s website or in its recent Annual Report.

The answers remain to be seen.

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