News & Analysis as of

Patents Intellectual Property Protection Biden Administration

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

Reviewing 2024's AI Patent And Copyright Developments

Artificial intelligence dominated this year's emerging technology updates from the U.S. Patent and Trademark Office and the U.S. Copyright Office. These agencies, among many others, were kept quite busy under the directives...more

Perkins Coie

How the Trump Administration May Affect AI Policy on Intellectual Property and Deepfakes

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As President-elect Donald Trump prepares for his second term, his administration is poised to influence the future of policy surrounding artificial intelligence (AI) and intellectual property (IP), including regulations...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

Akin Gump Strauss Hauer & Feld LLP

AI-Assisted Inventions May Be Patentable, but Only Humans Can Be Inventors

As directed by President Biden’s Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the AI EO), the United States Patent and Trademark Office (USPTO) released its...more

Smart & Biggar

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

Smart & Biggar on

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

Jones Day

USPTO Issues New Guidance for Inventions Assisted by Artificial Intelligence: Human Contribution Is Key

Jones Day on

The Background: In response to the Biden administration's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" on October 30, 2023, the U.S. Patent and Trademark Office...more

Smith Anderson

AI Law and Policy Developments Likely Will Be Seen This Year

Smith Anderson on

One of 2023’s more significant — and potentially disruptive — developments in business and culture was the arrival of a slew of generative artificial intelligence (AI) systems. At the beginning of 2023, ChatGPT quickly...more

Holland & Knight LLP

The Coming Shift from Patent to Trade Secret Protection for Generative AI Inventions

Holland & Knight LLP on

Generative artificial intelligence (AI) has the remarkable ability to develop novel solutions to problems, and patent law has historically protected those solutions. Under current statutes and jurisprudence, however, only...more

WilmerHale

PTAB/USPTO Update - November 2023

WilmerHale on

USPTO News - On October 23, 2023, the USPTO Office of the Chief Economist released a report detailing patenting activity related to COVID-19 diagnostic technology....more

Seyfarth Shaw LLP

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

Seyfarth Shaw LLP on

President Biden signed a comprehensive Executive Order addressing AI regulation across a wide range of industries and issues. Intellectual property is a key focus. The Order calls on the U.S. Copyright Office and U.S. Patent...more

Cadwalader, Wickersham & Taft LLP

Patent Climate Change Program Targets Greenhouse Gas Emissions

In June 2022, the US Patent and Trademark Office (“USPTO”) launched the Climate Change Mitigation Pilot Program (the “Program”). This program was enacted to support President Biden’s January 27, 2021 Executive Order, which...more

Akin Gump Strauss Hauer & Feld LLP

USTR Announces Support for Extending TRIPS Waiver Expansion Discussions and Launches USITC Investigation

Key Points - On December 6, days before a deadline for WTO members to decide whether to expand the TRIPS waiver for COVID-19 vaccines to cover COVID-19 diagnostics and therapeutics as well, the Office of the USTR...more

McDonnell Boehnen Hulbert & Berghoff LLP

President Biden Signs Executive Order on Biotechnology and Biomanufacturing Innovations

On Monday, September 12th, President Biden signed an Executive Order entitled "Advancing Biotechnology and Biomanufacturing Innovation for Sustainable, Safe and Secure American Bioeconomy." The Executive Order (in Section...more

Wilson Sonsini Goodrich & Rosati

Duties of Disclosure and Reasonable Inquiry Before the USPTO May Include Communications with the FDA and Other Government Agencies

Spurred by President Biden's call for action to increase drug competition and a 2021 letter addressed to the U.S. Patent and Trademark Office (USPTO) by Senators Leahy and Tillis requesting the USPTO "to take action to...more

Fish & Richardson

Strategic IP Considerations of Batteries and Energy Storage Solutions

Fish & Richardson on

The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. Compared with older battery technologies, the lithium-ion battery was lightweight and compact, had high energy...more

Haug Partners LLP

FDA Acting Commissioner of Food and Drugs Seeks Collaboration Between FDA and USPTO to Address Pharmaceutical Patent-Related...

Haug Partners LLP on

On September 10, 2021, Janet Woodcock, Acting Commissioner of the U.S. Food and Drug Administration (FDA), sent a letter to Andrew Hirshfeld, Director of the U.S. Patent and Trademark Office (USPTO), which raised several of...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] Onshoring Drug Manufacturing and TRIPS Waiver Part II

In this new episode of OnAir: Health Care, Akin Gump health care senior policy advisor Matthew Hittle and consultant Dr. Mario Ramirez welcome Akin Gump public law and policy partner Clete Willems and Centrient...more

WilmerHale

PTAB/USPTO Update - May 2021

WilmerHale on

USPTO News - USPTO announced a new category for its Patents for Humanity Program for inventors of technology to track, prevent, diagnose, or treat COVID-19....more

Tarter Krinsky & Drogin LLP

Biden Administration Announces Support Of Temporary Waiver On Intellectual Property Protections On COVID-19 Vaccines

The Biden administration has announced its support of a temporary waiver on intellectual property protections on COVID-19 vaccines, partially reversing its earlier opposition. In response to the World Trade Organization...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Road to Hell Is Paved with What Everybody Knows

And everybody knows that suspending patent rights is necessary to provide sufficient vaccine to stem the global pandemic caused by the SARS-CoV-2 virus known as COVID-19.  It is always a sign of intellectual weakness and pack...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senators Ask President to Prioritize Appointment of IP Officials

In a letter sent to President Joseph Biden at the end of March, Sen. Patrick Leahy (D-VT), Chairman of the Senate Subcommittee on Intellectual Property, and Sen. Thom Tillis (R-NC), Ranking Member of the Subcommittee on...more

McDonnell Boehnen Hulbert & Berghoff LLP

BIO and PhRMA Urge Biden Administration to Oppose Proposed WTO TRIPS Waiver

One year ago today, World Health Organization Director-General Tedros Adhanom declared the COVID-19 outbreak to be a pandemic.  At the time of the announcement, the WHO noted that there were 118,000 cases reported globally,...more

Robins Kaplan LLP

[Remote Event] Health Care Antitrust Under President Biden - What Health Care Companies May Expect By Way Of Antitrust Policy And...

Robins Kaplan LLP on

After a turbulent year that roiled the economy, and the health care sector more than most, the Democrats emerged with control of both the White House and Congress for the first time since 2014. Business leaders and in-house...more

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