CBP Issues Final Rule to Eliminate Patent Survey Program
U.S. Customs and Border Protection (CBP) has issued a final rule, effective September 29, 2004, which amends 19 CFR Parts 12 and 24 in order to eliminate the patent survey program.
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(CBP states that patent surveys are conducted by CBP to assist the owner of a registered patent in obtaining data upon which to file a compliant with the International Trade Commission (ITC) under 19 USC 1337 (Section 337 of the Tariff Act of 1930, as amended) charging unfair methods of competition and unfair acts in the importation of merchandise infringing the patent.)
Final Rule Amends 19 CFR Parts 12 and 24
CBP states that this final rule removes 19 CFR 12.39a (Registered patent owners; import survey) and makes conforming changes to 19 CFR 24.12(a) by removing paragraph (3) regarding the program's fees.
CBP is Eliminating Patent Survey Program Due to Various Reasons
CBP states that due to, among other things, (i) the lack of interest in the program (e.g., approximately 10 requests are processed per year), (ii) lack of comments received in response to the proposed rule requesting continuation of the program, (iii) certain concerns relating to ambiguous legal authority, (iv) the effectiveness of the program has been challenged (e.g., surveys often produce over-broad results), and (v) changed circumstances (e.g., a self-assessment system based on electronic entry reporting has replaced paper invoices), CBP is amending the regulations to discontinue the patent survey program.
(CBP states that this final rule is being issued in accordance with 19 CFR 0.1(b)(1) pertaining to the authority of the Secretary of the Department of Homeland Security (DHS) (or his/her delegate) to prescribe and approve regulations relating to customs revenue functions that are not set forth in paragraph 1(a)(i) of Treasury Department Order No. 100-16. See ITT's Online Archives or 09/04/03 news, 03090405, for BP summary of the DHS and Treasury final rule concerning the signatory authority for CBP regulations, etc., with a link to BP summary of Treasury Order No. 100-16.)
CBP Will Continue to Play Supporting Role to ITC in Patent Infringement Cases
According to CBP, it will continue to enforce the law and regulations it is responsible for enforcing regarding the importation of registered, patented merchandise.
CBP states that where the ITC has determined that merchandise infringes a patent and has ordered that the patent-infringing merchandise be excluded from entry, CBP will refuse entry of the merchandise covered by the order after notification by the ITC. In addition to enforcing ITC exclusion orders, CBP enforces ITC seizure/forfeiture orders and certain court orders
(See ITT's Online Archives or 03/21/03 news, 03032105, for BP summary of the proposed rule.)
CBP contact - George Frederick McCray (202) 572-8710
CBP final rule (CBP Decision 04-29, FR Pub 08/30/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-19665.pdf