U.S. Patent Small Claims Court

The USPTO engaged ACUS to conduct an independent study of issues associated with and options for designing a small claims patent court. The resulting report, which was ultimately be submitted to Congress, addressed, among other topics, whether there is need for a small claims patent court, the feasibility and potential structure of such a court, and the relevant legal, policy, and practical considerations in establishing a small claims court.

The ACUS Office of the Chair conducted the study and prepared the report with the assistance of Professors Kali Murray (Marquette Law), Arti Rai (Duke Law), and Melissa Wasserman (University of Texas Law). 

The Office of the Chair engaged with a wide range of interested persons as part of its study. To ensure all stakeholders had an opportunity to provide input, on May 3, 2022, ACUS published a request for information in the Federal Register welcoming views, information, and data on all aspects of a potential small claims patent court or small claims patent proceeding and its impact. ACUS extended the public comment period through August 26, 2022 and subsequently through September 2, 2022.

A consultative group of academic experts and legal practitioners, listed below, advised ACUS on questions regarding the study’s methodology for quantitative, qualitative, and legal research. Consultative group meetings were open to the public, and meeting minutes are posted to this webpage.

The Office of the Chair also conducted interviews with a wide range of stakeholders. Interviewees were selected based, in part, on public comments received in response to the request for information and input from the consultative group.

Consultative Group Members

A consultative group of academic experts and legal practitioners advised ACUS on questions regarding the study’s methodology for quantitative, qualitative, and legal research. Members of the consultative group were:

• Jonas Anderson (American University Washington College of Law)

• Andrew S. Baluch (Smith Baluch LLP; Former Director of International IP Enforcement at IPEC)

• Susan G. Braden (Board of Directors, United Inventors Association; Former Chief Judge of the U.S. Court of Federal Claims)

• Colleen V. Chien (Santa Clara University School of Law)

• Jorge L. Contreras (University of Utah College of Law)

• Rochelle C. Dreyfuss (New York University School of Law)

• John F. Duffy (University of Virginia School of Law)

• Christian Helmers (Santa Clara University Leavey School of Business)

• Andrei Iancu (Irell & Manella LLP; Former Undersecretary of Commerce for IP and Director of the USPTO)

• David Kappos (Cravath, Swaine & Moore LLP; Former Undersecretary of Commerce and Director of the USPTO)

• Sapna Kumar (University of Houston Law Center)

• Brian J. Love (Santa Clara University School of Law)

• Alan Marco (Georgia Tech School of Public Policy; Former Chief Economist for the USPTO)

• Joseph Matal (Haynes & Boone LLP; Former USPTO Acting Director and Acting Solicitor)

• Adam Mossoff (George Mason University Antonin Scalia Law School)

• Tejas N. Narechania (University of California Berkeley School of Law)

• Matthew Powers (Tensegrity Law Group LLP; The Sedona Conference)

• John Riley (U.S. Copyright Office)

• Pamela Samuelson (University of California Berkeley School of Law)

• Jeffrey M. Sears (Columbia University)

• Amy Semet (University of Buffalo School of Law)

• David O. Taylor (Southern Methodist University Dedman School of Law)

News Releases

• August 30, 2022: Administrative Conference Receives More Than 65 Public Comments for Small Claims Patent Court Study

• July 6, 2022: ACUS Extending Comment Period for Small Claims Patent Court Study

• April 28, 2022: ACUS to Undertake Study of Small Claims Patent Court for U.S. Patent and Trademark Office