The United States Patent and Trademark Office (USPTO) has issued a new guidance document that is intended to help identify when a process or system that uses artificial intelligence (AI) tools may be eligible for patenting. ...more
On Monday, June 24, 2024, the three U.S. major record labels, Universal Music Group, Warner Music Group and Sony Music Entertainment, filed copyright infringement claims against two artificial-intelligence (AI) music...more
Further to Woods Rogers’s recent e-alert, the U.S. Patent & Trademark Office (USPTO) issued guidance on the patentability of inventions developed using artificial intelligence (AI). The guidance—which has sparked a flurry of...more
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more
In addition to being developed in-house, intellectual property (“IP”) can obviously be acquired from third parties. IP acquisitions may be more germane now than in the recent past as developers race to create and monetize...more
In Hip, Inc. v. Hormel Foods Corp., the U.S. Court of Appeals, Federal Circuit, held that there was no joint inventorship when the contribution of preheating meat pieces using an infrared oven was insignificant in quality...more
With broad adoption of generative artificial intelligence tools, some commentators have suggested that trade secret law is the best means for protecting innovations. Looking to trade secret law to protect AI is facially...more
The United States Patent and Trademark Office (USPTO) recently issued its Inventorship Guidance for AI-assisted Inventions for determining inventorship where artificial intelligence (AI) is used during the invention process....more
The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application...more
We have become involved in an increasing number of disputes between companies and their former employees over ownership and use of personal social media accounts. In a typical situation, the employee will use their personal...more
New York state recently amended Labor Law Section 203-f, codifying a hurdle for employers who seek to claim ownership over an employee's inventions. The law, which is similar to laws enacted in other states[1], has three...more
For New York employers, fall has brought with it more than just cooler temperatures, thanks to a wave of activity from Governor Kathy Hochul’s desk (after a busy legislative summer). Below, we highlight six significant...more
On September 15th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees....more
As we’ve previously written, the rise of generative AI has led to a spate of copyright suits across the country. One major target of these suits has been OpenAI. Actor/comedian Sarah Silverman and author Paul Tremblay are...more
Key Points - On July 28, 2023, President Biden signed EO 14104, “Federal Research and Development in Support of Domestic Manufacturing and United States Jobs,” which aims to increase domestic manufacturing and...more
AI is already capable of doing all sorts of tasks that, until recently, could only have been done by humans. But if AI is working for you, could it be infringing others’ intellectual property rights? And might you be liable...more
Every patent names the individual or individuals who are credited with creating the invention claimed in the patent. Having incorrect names listed potentially risks both ownership and validity of the patent. With today’s...more
The New York State Legislature passed Senate Bill 5640 / Assembly Bill 6829 on June 6, 2023, which, if the governor signs, would amend the Labor Law and add a new section 203-f, regulating the use and enforceability of...more
A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Amazon sellers must understand the major forms of intellectual...more
In recent years, Artificial Intelligence (AI) has taken a significant step forward. For example, the following is a text generated by ChatGPT (a public AI chat bot) when prompted to “write a 300-word paper on how ChatGPT will...more
For the high-growth startups we represent (and into which our venture capital clients invest), intellectual property (IP) is typically the core asset driving the company’s value. Ensuring that the company’s IP is properly...more
Not all revolutions benefit humanity. Tech luminaries Elon Musk and AI pioneer Yoshua Bengio recently warned we might be circling the drain. They, and others, have called for a six-month moratorium on training artificial...more
As we walk through art museums, admiring the paintings, sculptures, and artifacts, we (sometimes) read the little cards that explain each piece and identify who donated or loaned it to the museum. We might not pay much...more
A recent decision from the Manhattan Commercial Division reminds us that although punitive damages are generally not recoverable in New York, certain circumstances require that they be awarded. In Hall v Middleton,...more
As the US Copyright Office notes, “Copyright exists from the moment the work is created.” More precisely, under the Copyright Act - A work is “created” when it is fixed in a copy or phonorecord for the first time;...more