On January 22, 2021, the U.S. Patent and Trademark Office published a Request for Information (RFI) that is an extension of a previous RFI issued in November 2020. The notice states the following:
The USPTO is undertaking a study of the extent to which patent or trademarks rights holders are experiencing infringement by state entities without adequate remedies under state law, and the extent to which such infringements appear to be based on intentional or reckless conduct.
All members of the public are welcome to submit comments. Instructions for how to submit comments through the Federal eRulemaking Portal can be found in the RFI, which is available at https://www.federalregister.gov/documents/2021/01/22/2021-01305/sovereign-immunity-study.
Note that all comments must be submitted on or before February 22, 2021.