As general interest and investment in AI has accelerated since the initial public launch of ChatGPT, so too has the U.S. federal government both increased its spending in the area and the speed with which it adopted...more
8/7/2024
/ Acquisitions ,
Artificial Intelligence ,
Bias ,
Bots ,
Cross-Border ,
Data Privacy ,
Government Agencies ,
Intellectual Property Protection ,
IP License ,
Machine Learning ,
Mergers ,
Patents ,
Policies and Procedures ,
Regulatory Requirements ,
Trade Secrets
The USPTO has published updated patent eligibility guidance (effective July 17, 2024) for AI-related inventions to help determine subject matter eligibility under 35 § U.S.C. 101. This guidance is timely as roughly 20% of all...more
7/16/2024
/ Artificial Intelligence ,
Corporate Counsel ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
New Guidance ,
Patent Applications ,
Patent-Eligible Subject Matter ,
Patents ,
USPTO
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While...more
3/13/2024
/ Consumer Confusion ,
Copyright ,
Copyright Office ,
Copyright Ownership ,
DMCA ,
Intellectual Property Protection ,
Legislative Agendas ,
Non-Fungible Tokens (NFTs) ,
Patent Ownership ,
Patents ,
Popular ,
Technology Sector ,
Trademark Infringement ,
Trademark Ownership ,
Trademarks ,
USPTO
The USPTO has prepared soon to be published supplemental guidance for design patent examination for computer-generated electronic images. This guidance relates to determining whether a design patent claim including a...more
While you were asking ChatGPT to create a 3-course menu for the upcoming book club you’re hosting or to explain the Rule Against Perpetuities, several federal government agencies announced initiatives related to the use of...more
5/1/2023
/ Artificial Intelligence ,
Automated Systems ,
Bots ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Infringement ,
Machine Learning ,
NIST ,
Open Source Software ,
Patents ,
Rule Against Perpetuities ,
Technology Sector
In Nippon Shinyaku v. Sarepta Therapeutics, the Federal Circuit held that a forum selection clause specifying that patent infringement or invalidity actions shall be filed in federal district court in Delaware made clear that...more
The tokenization of physical and digital art has many advantages. Some of the advantages create potential complexities under US law. Each situation is fact specific, but the following is a summary of some of the areas for...more
As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these...more
Posted in Patents As with other rapidly-evolving technologies, the FinTech space is experiencing a frenzy of patent activity. As its name implies, FinTech is part financial innovation (“fin”) relating to new aspects of...more
The number of different open source licenses is growing and the variation in their terms and complexity is increasing. A number of licenses that appear to be, or are commonly referred to as “open source” do not actually meet...more
3/10/2020
/ Acquisitions ,
Contract Drafting ,
Copyright ,
Corporate Financing ,
Due Diligence ,
Intellectual Property Protection ,
IP License ,
Mergers ,
Open Source Software ,
Patents ,
Software ,
Technology ,
Technology Sector
A controversial new open source license designed for use with decentralized applications was recently approved by the Open Source Initiative (OSI). The Cryptographic Autonomy License (CAL) claims to be the first open source...more
3/3/2020
/ Blockchain ,
Cryptography ,
Data Protection ,
IP License ,
Licenses ,
Open Source Software ,
Patents ,
Royalties ,
SaaS ,
Software ,
Software Developers
The number of patents for inventions based on artificial intelligence, machine learning and deep learning continues to grow rapidly. Some of these inventions relate to AI technology per se, and some relate to the use of AI in...more
1/8/2020
/ Artificial Intelligence ,
Blockchain ,
Comment Period ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Patent Applications ,
Patent Examinations ,
Patents ,
Popular ,
Public Comment ,
USPTO
The chances are high that your company uses open source software (“OSS”) in some capacity. While the benefits of OSS are clear, it is also clear that OSS can pose significant legal risks that must be addressed. The best way...more
6/19/2019
/ Copyright ,
Enforcement Actions ,
Intellectual Property Protection ,
Open Source Software ,
Patent Infringement ,
Patents ,
Policies and Procedures ,
Risk Management ,
SaaS ,
Software ,
Software Developers ,
Software Licenses ,
Technology Sector
Sound View Innovations is launching patent attacks against commonly used open source software including jQuery and Apache Hadoop. Sound View is targeting end users of these software components. This is a typical tactic of...more
1. Blockchain Games and Collectibles Are on the Rise – The use of blockchain (or distributed ledger) technology for games (a.k.a blockchain games) and token-based digital collectibles is on the rise. The overnight popularity...more
3/20/2019
/ Bank Secrecy Act ,
Blockchain ,
Cryptocurrency ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
FinCEN ,
Gambling ,
Initial Coin Offering (ICOs) ,
Intellectual Property Protection ,
Non-Fungible Tokens (NFTs) ,
Patent Applications ,
Patents ,
Popular ,
Securities and Exchange Commission (SEC) ,
Technology Sector ,
Token Sales ,
Video Games
On their own, blockchain technology, open-source software and patents each present legal issues that are often complex and frequently misunderstood. When combined, the complexity and misunderstandings of these three topics...more
On their own, blockchain technology, open source software, and patents each present legal issues that are often complex and frequently misunderstood. When combined, the complexity and misunderstandings of these three topics...more
10/31/2018
/ Blockchain ,
Distributed Ledger Technology (DLT) ,
Innovation ,
Intellectual Property Protection ,
IP License ,
Open Source Software ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Policies and Procedures ,
Popular ,
Proprietary Information ,
Risk Mitigation ,
Software Developers ,
Software Patents ,
Technology Sector
Blockchain is a revolutionary technology that has great potential to solve many of the fundamental challenges facing the music industry today. In fact, this technology is uniquely suited to address issues across the various...more
10/2/2018
/ Artists ,
Blockchain ,
Copyright ,
Copyright Ownership ,
Cryptocurrency ,
Data Privacy ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Intellectual Property Protection ,
Licensing Rules ,
Music Industry ,
Patents ,
Risk Management ,
Royalties ,
Securities and Exchange Commission (SEC) ,
Smart Contracts ,
Technology Sector ,
Token Sales
Blockchain has long been touted as having transformational potential. Yet, the commercial adoption has been slow. As with any cutting-edge technology, commercial adoption usually requires some tipping point. For adoption of...more
9/28/2018
/ Blockchain ,
Distributed Ledger Technology (DLT) ,
Food Safety ,
Food Supply ,
Foreign Suppliers ,
FSMA ,
Grocery Stores ,
Patents ,
Sam's Club ,
Suppliers ,
Supply Chain ,
Wal-Mart
As we have previously reported, the number of blockchain patents being filed and granted is continuing to increase. According to a Thomson Reuters report, 225 out of the 406 blockchain patents (55.4%) filed in 2017 came from...more
5/23/2018
/ Blockchain ,
Cryptocurrency ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Intellectual Property Protection ,
Patent Applications ,
Patents ,
Popular ,
Technology Sector ,
Token Sales ,
Video Games
The use of blockchain technology for crypto games and token-based digital collectibles is on the rise. One of the first crypto games of note was CryptoKitties. It may turn out that CryptoKitties becomes to crypto games what...more
5/11/2018
/ Bank Secrecy Act ,
Blockchain ,
Cryptocurrency ,
Digital Currency ,
FinCEN ,
Gambling ,
Initial Coin Offering (ICOs) ,
Money Transmitter ,
Patent Applications ,
Patents ,
Popular ,
Risk Mitigation ,
Securities and Exchange Commission (SEC) ,
Securities Exchanges ,
Technology Sector ,
Token Sales ,
Unregistered Securities ,
Video Games ,
Virtual Currency
Blockchain technology is finding its way into every industry. Healthcare is no exception. According to a recent report by Deloitte, “blockchain technology has the potential to transform health care, placing the patient at the...more
4/4/2018
/ Blockchain ,
Data Management ,
Data Privacy ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Technology ,
Medical Records ,
Patents ,
Patients ,
Smart Contracts ,
Technology Sector
As the number of blockchain-based patents and patent applications increases, more companies have become interested in pursuing these patents. Other companies still think that blockchain-based inventions are not patentable....more
4/2/2018
/ Bitcoin ,
Blockchain ,
Cryptocurrency ,
Divided Infringement ,
Ethereum ,
Intellectual Property Protection ,
Inventions ,
Patent Applications ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
Section 101 ,
Technology Sector ,
USPTO
Cryptocurrencies and blockchain technology are rapidly emerging as disruptive technologies. As has happened with many new technologies, particularly disruptive ones, a patent arms race is occurring. The number of patents...more
1/17/2018
/ Bitcoin ,
Blockchain ,
Cryptocurrency ,
Design Patent ,
Intellectual Property Protection ,
Patent Applications ,
Patentability Search ,
Patents ,
Popular ,
Supply Chain ,
Technology Sector ,
USPTO ,
Utility Patents
The Patent Trial and Appeal Board (PTAB) recently upheld the patentability of a video game-related patent, ruling the computer graphics features were not obvious over the prior art. The patent (US Patent 7,061,488) address...more