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United States Patent and Trademark Office › Authorship

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Jenner & Block

Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

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Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more

Woods Rogers

AI and Invention: USPTO Issues More Guidance

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On July 17, 2024, the U.S. Patent Office issued additional guidance regarding patentability and inventorship concerns relating to Artificial Intelligence. This guidance expands upon prior guidelines, as discussed in a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Five Key Takeaways from the Recent House Judiciary Hearing on AI-Assisted Inventions and Creative Works

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As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

USPTO Seeks Public Comment on the Impact of Artificial Intelligence on Patentability

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The relentless march of technological progress presents a unique challenge for the intellectual property (IP) landscape. Earlier this year, the United States Patent and Trademark Office (USPTO) issued a Request for Comments...more

McDermott Will & Emery

PTO Reopens Comment Period for AI Inventorship Guidance

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The US Patent & Trademark Office (PTO) reopened and extended until June 20, 2024, the period for public comment on the guidance regarding inventorship in applications involving artificial intelligence (AI) assisted...more

Vondran Legal

Copyright Law and BodyCam Video

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I saw this question online and decided to answer it here on my blog.  It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police...more

Sunstein LLP

AI in the Patent Landscape: USPTO Directive Explores Inventorship Dynamics

Sunstein LLP on

In response to the rapidly evolving landscape of innovation and the integration of artificial intelligence (AI) into creative processes, the United States Patent and Trademark Office (USPTO) issued guidance effective February...more

ArentFox Schiff

Media & Entertainment: 10 Legal Developments Impacting Business and Legal Decisions

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With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year. In 2024, media and entertainment businesses will focus on whether the longstanding tenet...more

Benesch

Artificial Intelligence Presents Challenges for Intellectual Property Laws’ Focus on Human Creation

Benesch on

Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership. Maybe you have asked ChatGPT to create a flashy advertisement or write some code...more

Patterson Belknap Webb & Tyler LLP

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

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On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Pros And Cons Of Protecting AI As Trade Secrets

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Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more

Latham & Watkins LLP

USPTO Releases Guidance on AI and Inventorship

Latham & Watkins LLP on

The agency offers a practical test with examples for determining patentability of AI-assisted inventions that is grounded in feedback from stakeholders. In its continuing effort to respond to President Biden’s AI-related...more

Smart & Biggar

AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

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AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we...more

McDermott Will & Emery

PTO Issues Guidance, Request for Comment on AI Inventorship

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On February 13, 2024, the US Patent & Trademark Office (PTO) issued a notice with examination guidance and request for comment regarding inventorship in applications involving artificial intelligence (AI)-assisted inventions....more

Dechert LLP

Inventive AI: UK Supreme Court holds that only humans can be inventors

Dechert LLP on

An AI system cannot be named as the inventor in a UK patent application – the inventor(s) must be human. Technical developments created by AI cannot be ‘inventions’ within the meaning of UK patent legislation. UK patent...more

Sherman & Howard L.L.C.

Exploring Copyright Boundaries: The Impact of Van Gogh-Inspired AI Art

Sherman & Howard L.L.C. on

The United States Copyright Office recently rejected Ankit Sahni's Second Request for reconsideration to register his AI-generated artwork, "Suryast." This is a unique case in the realm of AI-generated art, primarily due to...more

Bradley Arant Boult Cummings LLP

Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

Bradley Arant Boult Cummings LLP on

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors...more

White & Case LLP

AI Legal News Summer Roundup: Edition 5

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...We round out our series with a summary of several developments around the world that focus on the adequacy of the various jurisdictions' laws in addressing the opportunities and risks arising from generative AI....more

Baker Donelson

Generative Artificial Intelligence Asks Questions of Innovation in Patent Law

Baker Donelson on

Introduction - Generative artificial intelligence (GenAI) has dominated headlines for nearly all of 2023 and demonstrated that it has the potential to disrupt the economic landscape by displacing jobs and creating remarkable...more

McDermott Will & Emery

Recent Developments Related to Generative AI and Copyright Law

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The increasing sophistication of generative artificial intelligence (AI) has had widespread effects on fields ranging from art and film to law and healthcare. The implications for copyright law principles, such as authorship,...more

Haug Partners LLP

Balancing Artificial Intelligence and Intellectual Property: Human Authorship a “Bedrock Requirement of Copyright”

Haug Partners LLP on

Whether it is a smartphone, a fraud alert received from a financial institution, a vehicle modifying its settings based on current driving conditions, or  political ads that will soon infiltrate our airwaves, artificial...more

ArentFox Schiff

No Copyright Protection for Works Created Solely by AI, DC Federal District Court Holds

ArentFox Schiff on

On August 18, 2023, the US District Court for the District of Columbia held that the US Copyright Office did not abuse its discretion in determining that works generated entirely by artificial intelligence (AI) systems are...more

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

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At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Copyright Office Guidance on Royalty Eligibility of Musical Works Generated Using AI

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As the use of artificial intelligence (AI) to generate new works has expanded rapidly, the U.S. Copyright Office has sought to keep pace by issuing guidance on the application of copyright law to such works. On April 20,...more

White & Case LLP

UK Supreme Court considers AI inventorship

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On 2 March, the UK Supreme Court heard the arguments in Thaler v Comptroller-General of Patents, Designs and Trademarks, the latest in a growing line of international jurisprudence grappling with issues raised by the use of...more

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