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
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
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 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
Actor and comedian Seth Green, best known for creating Robot Chicken and portraying Dr. Evil’s son in the Austin Powers franchise, announced on Twitter last month that phishers stole his four “Bored Ape” NFTs. Let’s break...more
In our May 2022 copyright update, Manatt’s attorneys summarize recent decisions of interest from the U.S. courts and Copyright Office, and highlight other matters that we’re watching in the coming months....more
As we’ve explained before, a Non-Fungible Token (NFT) isn’t a form of intellectual property (IP). Instead, it’s more like a receipt for a unique item of IP, to show that you own it – like a pink slip for a car or the deed to...more
On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. Miramax alleges that Tarantino...more
Companies are transforming legacy systems, implementing automation and artificial intelligence tools, embedding digital capabilities into their products, shifting to cloud solutions and leveraging technology to better connect...more
In a recent joint report from the European Union Intellectual Property office (“EUIPO”) and the European Patent Office (“EPO”), the impact of Intellectual Property Rights on the performance of companies is discussed. ...more