News & Analysis as of

United States Patent and Trademark Office Copyright Office

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 -
A&O Shearman

Overview of the U.S. copyright office’s AI digital replicas (“deepfakes”) report

A&O Shearman on

Daren Orzechowski, Alex Touma, and Jack Weinert examine Part 1 of Artificial Intelligence Report on Digital Replicas, published by the U.S. Copyright Office on July 31, 2024. In the first quarter of 2023, the U.S....more

WilmerHale

PTAB/USPTO Update - August 2024

WilmerHale on

On July 7, the Senate passed a resolution “[r]ecognizing the importance of trademarks in the economy and the role of trademarks in protecting consumer safety, by designating the month of July as ‘National Anti-Counterfeiting...more

Pillsbury Winthrop Shaw Pittman LLP

Discovery Dilemma: An Update on the Legal Battle Between The New York Times and OpenAI

OpenAI’s request for access to The New York Times reporters’ notes, memos and other documents raises complex discovery issues. OpenAI’s defense is requesting access to reporters’ notes and other materials in discovery,...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

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

Baker Donelson

Don't Forget About NFTs! USPTO and USCO Issue Joint Study on the Interplay Between NFTs and Intellectual Property

Baker Donelson on

Non-fungible tokens (NFTs) have reshaped our socio-legal understanding of "property." Prior to the launch of NFTs, laypersons and lawyers alike evaluated tangible and intangible assets in the context of physical (real) space....more

Vondran Legal

Copyright Law and BodyCam Video

Vondran Legal on

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

Akin Gump Strauss Hauer & Feld LLP

CryptoLink - March 2024 Updates

In the House, lawmakers continue to make progress on the Clarity for Stablecoins Act (H.R. 4766). On March 19, at a press event hosted by Punchbowl News on the policy landscape for digital payments, outgoing House Financial...more

WilmerHale

PTAB/USPTO Update - April 2024

WilmerHale on

On March 8, the USPTO joined other intellectual property offices in celebrating International Women’s Day with a theme of “Invest in Women: Accelerate Progress.”...more

Polsinelli

Blockchain+ Bi-Weekly - March 2024 #2

Polsinelli on

It was a busy two weeks in Web3 law, as Binance lost in an appeal that could have wide-ranging jurisdictional implications outside of just digital assets. Coinbase also went on the offensive against the SEC in appealing the...more

ArentFox Schiff

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

ArentFox Schiff on

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

AEON Law

Patent Poetry: Patent and Trademark Offices Publish Study on NFT IP Issues

AEON Law on

The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP). The Report was created in response to a June...more

Patterson Belknap Webb & Tyler LLP

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

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

Womble Bond Dickinson

The IP of NFTs - USPTO and U.S. Copyright Office Publish Joint Study Results

Womble Bond Dickinson on

The U.S. Patent and Trademark Office and the U.S. Copyright Office recently published the results of their co-study (on the interplay between non-fungible tokens (NFTs) and intellectual property. ...more

Sheppard Mullin Richter & Hampton LLP

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

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

Seyfarth Shaw LLP

Whoa! Cannabis Company Lawsuit Lights Up the Benefits of Creative IP Protection

Seyfarth Shaw LLP on

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. But a combination of federal copyright registration and state trademark registration for these goods and...more

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

The Pros And Cons Of Protecting AI As Trade Secrets

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

Cozen O'Connor

Fair Use, Copyright, and Trademark Implications of Generative AI

Cozen O'Connor on

While many use generative AI as a fun experiment to see what it produces, others use it as a tool to complete a given task efficiently – the epitome of working smarter not harder. But just how smart is it to (arguably) rely...more

Akin Gump Strauss Hauer & Feld LLP

Patentability and predictability in AI-assisted drug discovery

Artificial intelligence (AI) and machine learning (ML) are ushering in a new era in drug discovery. The AlphaFold2 system developed by Google’s Deepmind was able to predict the 3D structures of over 200 million proteins -...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

White and Williams LLP

Generative Artificial Intelligence: Calling for a New Legal Front

White and Williams LLP on

New York Times Copyright Suit and Key Facts - On December 27, 2023, The New York Times Company (“NYT”) filed a Complaint in the Southern District of New York against Microsoft Corporation (“Microsoft”) and several OpenAI...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

McAfee & Taft

Executive Order, IP owners seek to safely navigate the 'promise and peril' of AI

McAfee & Taft on

Discussion of artificial intelligence has become ubiquitous, particularly generative artificial intelligence (AI) given its potential to create new content, which some reports estimate could add up to $4.4 trillion annually...more

Womble Bond Dickinson

Recognizing the Primacy of Artificial Intelligence in America: Biden’s Executive Order Sets a High Bar for Regulation and...

Womble Bond Dickinson on

On October 30, 2023, President Biden issued Executive Order 14110: Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. It seeks to confirm America’s global leadership in AI and...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

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