Showing posts with label USPTO. Show all posts
Showing posts with label USPTO. Show all posts

Thursday, March 14, 2024

U.S. Copyright Office and USPTO Conclude Joint Study on Non-Fungible Tokens; U.S. Copyright Office, March 12, 2024

U.S. Copyright Office; U.S. Copyright Office and USPTO Conclude Joint Study on Non-Fungible Tokens

"Today, the U.S. Copyright Office and the U.S. Patent and Trademark Office (USPTO) (collectively the “Offices”) published the results of their joint study on the intellectual property (IP) law and policy implications of non-fungible tokens (NFTs). The Offices conducted the study in response to a June 2022 request from then-Chair of the Senate Committee on the Judiciary Subcommittee on Intellectual Property Patrick Leahy and Ranking Member Thom Tillis.

During the joint study, the Offices solicited public comments via a notice of inquiry, held three public roundtables, and examined existing literature and case law. 

In their report, the Offices acknowledged commenters’ views that NFTs may enable artists to secure remuneration for downstream resales of their works; aid trademark owners in expanding their brand appeal; and play a supportive role in the management, transfer, or licensing of IP rights. They also recognized concerns that buyers and sellers do not know what IP rights are implicated in the creation, marketing, and transfer of NFTs and that NFTs may be used to facilitate copyright or trademark infringement. The Offices concluded, however, that existing statutory enforcement mechanisms are currently sufficient to address infringement concerns related to NFT applications and that changes to IP laws, or to the Offices’ registration and recordation practices, are not necessary or advisable at this time. Rather, public education initiatives and product transparency play an important role in ensuring greater awareness and understanding about NFTs.

“We are pleased to share the results of our joint study with Congress, stakeholders, and the public,” said Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office. “The report reflects extensive input from a broad spectrum of commenters, including creators, brand owners, innovators, academics, and practitioners. We look forward to continuing to engage with stakeholders on emerging technologies and implications for IP rights.”

“NFTs offer unique opportunities for creators to leverage their IP rights but also present new challenges in keeping their work secure,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “At the USPTO, we continue to work side-by-side with industry and government collaborators such as the Copyright Office to better understand the IP implications of these evolving technologies through initiatives such as our Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership. We look forward to continuing these efforts and our ongoing work to ensure USPTO’s practices and U.S. policy evolve to address emerging technologies so that we best serve the needs of our nation’s creators and innovators.” 

The full study is available on the Copyright Office’s website and the USPTO’s website."

Monday, February 12, 2024

AI and inventorship guidance: Incentivizing human ingenuity and investment in AI-assisted inventions; United States Patent and Trademark Office (USPTO), February 12, 2024

Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, United States Patent and Trademark Office (USPTO) ; Director's Blog: the latest from USPTO leadership

AI and inventorship guidance: Incentivizing human ingenuity and investment in AI-assisted inventions

"Today, based on the exceptional public feedback we’ve received, we announced our Inventorship Guidance for AI-Assisted Inventions in the Federal Register – the first of these directives. The guidance, which is effective on February 13, 2024, provides instructions to examiners and stakeholders on how to determine whether the human contribution to an innovation is significant enough to qualify for a patent when AI also contributed. The guidance embraces the use of AI in innovation and provides that AI-assisted inventions are not categorically unpatentable. The guidance instructs examiners on how to determine the correct inventor(s) to be named in a patent or patent application for inventions created by humans with the assistance of one or more AI systems. Additionally, we’ve posted specific examples of hypothetical situations and how the guidance would apply to those situations to further assist our examiners and applicants in their understanding."

Inventorship guidance for AI-assisted inventions webinar; United States Patent and Trademark Office (USPTO), March 5, 2024 1 PM - 2 PM ET

United States Patent and Trademark Office (USPTO) ; Inventorship guidance for AI-assisted inventions webinar

"The United States Patent and Trademark Office (USPTO) plays an important role in incentivizing and protecting innovation, including innovation enabled by artificial intelligence (AI), to ensure continued U.S. leadership in AI and other emerging technologies (ET).

The USPTO announced Inventorship Guidance for AI-Assisted Inventions in the Federal RegisterThis guidance is pursuant to President Biden's Executive Order 14110 on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (October 30, 2023) with provisions addressing IP equities. The guidance, which is effective on February 13, 2024, provides instructions to USPTO personnel and stakeholders on determining the correct inventor(s) to be named in a patent or patent application for inventions created by humans with the assistance of one or more AI systems. 

The USPTO will host a webinar on Inventorship Guidance for AI-Assisted Inventions on Tuesday, March 5, from 1-2 p.m. EST. USPTO personnel will provide an overview of the guidance and answer stakeholder questions relating to the guidance.

This event is free and open to the public, but virtual space is limited, so please register early."


Sunday, December 31, 2023

Meet the 2024 I Love My Librarian Award Honorees; American Libraries, December 18, 2023

 Chase Ollis, American Libraries; Meet the 2024 I Love My Librarian Award Honorees

"Gladys E. López-Soto

Patent and Trademark Resource Center Librarian
University of Puerto Rico, Mayagüez Campus

At the University of Puerto Rico Mayagüez’s (UPRM) Patent and Trademark Resource Center, López-Soto helps students, inventors, and entrepreneurs turn ideas into reality.

Her knowledge of intellectual property—recognized across Puerto Rico and beyond—and the dedication she brings to educating her community have made her a “pillar of the innovation and entrepreneur ecosystem,” according to one of her nominators. López-Soto has brought many educational opportunities covering intellectual property to the university community and the public, including organizing the annual Innovation and Entrepreneurship Cycle—a virtual conference attended by hundreds of participants—and creating a website designed to help Spanish-language speakers understand intellectual property rights and how to protect them."

Sunday, December 17, 2023

Intellectual Property 101; United States Patent and Trademark Office (USPTO), December 1, 2023

 United States Patent and Trademark Office (USPTO); Intellectual Property 101

"Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), Kathi Vidal, and Regional Outreach Director of the USPTO Eastern Regional Office, Elizabeth Dougherty, joined as special guests for the Tory Burch Foundation’s Small Business webinar series, where they spoke about the significance of protecting intellectual property to help businesses succeed in a competitive marketplace."

Thursday, December 14, 2023

Atlanta; New Hampshire county selected for new USPTO outreach office locations; United States Patent and Trademark Office e (USPTO), December 13, 2023

Press Release, United States Patent and Trademark Office e (USPTO); Atlanta; New Hampshire county selected for new USPTO outreach office locations

"The U.S. Patent and Trademark Office (USPTO) today announced that it will open a new regional office in the Atlanta, Georgia metropolitan area serving innovators in the Southeast region, and a new community outreach office in Strafford County, New Hampshire, serving innovators in the New England region.

The new regional office and community outreach office will serve as an extension of the agency’s outreach operations. The offices will function as important resource centers to better serve local inventors and entrepreneurs, including those from underrepresented backgrounds. The new regional office in Atlanta is expected to be fully opened and operational by December 2025, with the New Hampshire outreach office soon thereafter.

“President Biden often says that America can be defined in a single word: possibilities. These new offices support the Administration’s commitment to drive economic growth and job creation by enhancing USPTO’s ability to meet people where they are and connect them with important resources to help inspire and strengthen the innovation ecosystem,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “I look forward to expanding our work in the Southeast and Northeast to facilitate increased economic activity throughout these regions."

Tuesday, November 21, 2023

Roundtable discussion: Tribes, intellectual property, and consumer protection; United States Patent and Trademark Office (USPTO), November 30, 2023 9 AM EST - 5 PM EST

United States Patent and Trademark Office (USPTO) ; Roundtable discussion: Tribes, intellectual property, and consumer protection

Join intellectual property (IP) experts, senior officials from the United States Patent and Trademark Office (USPTO) and other federal agencies, and Tribal representatives for an in-depth examination of consumer protection, the protection and enforcement of IP, and the impact of counterfeit goods on the economies of Native American communities.

Topics to be explored will include:

  • The scope and impact of IP crime on Native Americans
  • How to protect Native American arts and crafts
  • State and tribal cooperation on consumer protection investigations
  • International developments in the protection of traditional knowledge, cultural expressions, and genetic resources
  • Strategies for raising public awareness and changing consumer behaviors

Tuesday, October 31, 2023

Justices Will Probe Trademarks’ Nature in ‘Trump Too Small’ Case; Bloomberg Law, October 30, 2023

 Kyle Jahner, Bloomberg Law; Justices Will Probe Trademarks’ Nature in ‘Trump Too Small’ Case

"The fight over ‘Trump Too Small’ is the latest in a series of cases the court has faced in recent years raising First Amendment questions over trademark registrations. Although the justices skipped deciding the broader constitutional questions when they struck down different statutory registration bans in 2017 and 2019, this time the nature of the government’s argument may force the justices to now draw a line in the sand, he said."

Sunday, October 29, 2023

Feds Seek Tribal Input on Tribal Intellectual Property Issues; Native News Online, October 28, 2023

NATIVE NEWS ONLINE STAFF , Native News Online; Feds Seek Tribal Input on Tribal Intellectual Property Issues

"The U.S. Department of Commerce, through the United States Patent and Trademark Office, on Tuesday announced it seeks tribal input on tribal intellectual property issues...

In the upcoming consultation, the USPTO wants tribal input on how to best protect genetic resources, traditional knowledge, and traditional cultural expressions as they are being discussed at the World Intellectual Property Organization.

The National Congress of American Indians (NCAI) and the Native American Rights Fund (NARF) were quick to applaud the decision to hold this long overdue consultation...

“The United Nations Declaration on the Rights of Indigenous Peoples recognizes Indigenous Peoples’ rights to their cultural and intellectual property, as well as the obligation for the United States to take measures to protect those rights. It is good that the United States is living up to its obligation to consult with Tribal Nations, and the concern now is to ensure that the consultation is meaningful and actually impacts the United States’ negotiation positions,” explained NARF Staff Attorney Sue Noe.

The Federal Register notice provides details for online webinars to be held in January 2024. Two of the four webinars will be for federally recognized Tribal Nations and two will be for state-recognized Tribal Nations, tribal members, Native Hawaiians, and inter-tribal organizations. The USPTO also invites related written comments, to be submitted by February 23, 2024...

More information is available on the Federal Register."

Monday, October 2, 2023

USPTO; Director's Blog: the latest from USPTO leadership; Latest updates on artificial intelligence and intellectual property, September 29, 2023

Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO; Director's Blog: the latest from USPTO leadership

Latest updates on artificial intelligence and intellectual property

"Our AI/ET Partnership Meeting on September 27 this week explored the many ways that AI is shaping the work of both the USPTO and those who practice before us, along with the role of USPTO data in advancing state-of-the-art AI research and AI throughout the innovation economy. Attendees heard from a distinguished and diverse lineup of AI researchers, IP practitioners, USPTO technologists, and interagency partners. And our economists demonstrated some of our AI data and research initiatives.

Given the rapid adoption of AI, we are moving swiftly and carefully – including on patent examiner training. In our report, “Inventing AI: Tracing the diffusion of artificial intelligence with U.S. patents,” we found that AI is increasingly important for invention, diffusing broadly across technologies, inventors, organizations, and geography. For example, recently updated data from our report indicates that around 80,000 of our utility patent applications in 2020 involved artificial intelligence – over 150% higher than in 2002. AI now appears in more than 18% of all utility patent applications we receive. Illustrating AI’s rapid diffusion across fields, patents containing AI appeared in about 9% of all technologies examined by the USPTO in 1976, and spread to more than 50% by 2020. And, this data precedes what we have all seen in the past six months." 

Sunday, September 24, 2023

‘Trump Too Small’ Fight Splits First Amendment Trademark Views; Bloomberg Law, September 22, 2023

Kyle Jahner, Bloomberg Law; ‘Trump Too Small’ Fight Splits First Amendment Trademark Views

"A dispute over a “Trump Too Small” trademark application hinges on whether a statutory ban offends the First Amendment, as the US Supreme Court recently found two other restrictions did."

Tuesday, September 19, 2023

Pitt is a top 20 leader in patents in the U.S.; Pittwire, University of Pittsburgh, September 15, 2023

Pittwire, University of Pittsburgh; Pitt is a top 20 leader in patents in the U.S.

"From quantum computers to better wheelchair technology, innovators at the University of Pittsburgh are always pushing boundaries. Now, a new ranking confirms what Pitt people have long known: we’re among the top 20 most innovative universities nationwide.

According to a new list from the National Academy of Inventors (NAI), Pitt ranks No. 16 for U.S. universities granted utility patents in 2022.

Pitt innovators earned 105 of these patents in 2022, just behind the University of Pennsylvania at 108 and far surpassing other Pennsylvania universities on the list, including Carnegie Mellon University at No. 37, Penn State University at No. 51, Drexel University at No. 57 and Temple University at No. 75.

Drawing from data from the U.S. Patent and Trademark Office, the list focuses specifically on utility patents, which offer protection to inventors for new processes, machines or other innovations."

Tuesday, September 5, 2023

Learn about government resources for protecting your intellectual property; United States Patent and Trademark Office (USPTO), September 1, 2023

United States Patent and Trademark Office (USPTO); Learn about government resources for protecting your intellectual property

"Join us at our next Patent Pro Bono Program: Pathways to inclusive innovation event on October 11 from 12:30-5:30 p.m. ET, virtually or in person at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. 

During this event, leaders in the intellectual property (IP) and small business community will share their stories and tips on how to protect your IP via patents and trademarks. We welcome all current and aspiring entrepreneurs interested in learning more about:

  • Succeeding in business
  • Identifying and protecting IP
  • Securing options for funding
  • Expanding business networks

A detailed agenda with speakers is listed on our event page.

Registration is required for in-person and online attendees. Seats for in-person attendance are limited, so register now to secure your spot. 

For questions about this event, please contact probono@uspto.gov"

Wednesday, July 19, 2023

Taco Bell wins 'Taco Tuesday' trademark dispute with rival chain; Reuters, July 18, 2023

, Reuters ; Taco Bell wins 'Taco Tuesday' trademark dispute with rival chain

"Yum Brands' (YUM.N) Taco Bell prevailed on Tuesday in its self-described bid to "liberate" the phrase "Taco Tuesday," as competing fast-food chain Taco John's told the U.S. Patent and Trademark Office (USPTO) it would abandon its federal "Taco Tuesday" trademark.

Taco Bell had asked the USPTO in May to cancel the trademark, calling it a common phrase that Taco John's had monopolized unfairly in the restaurant industry."

Thursday, July 13, 2023

Sullivan & Cromwell hires former USPTO head, Federal Circuit judge; Reuters, July 11, 2023

, Reuters; Sullivan & Cromwell hires former USPTO head, Federal Circuit judge

"Sullivan & Cromwell announced on Tuesday that it has hired former U.S. Patent and Trademark Office director Andrei Iancu and former federal judge Kathleen O'Malley, bolstering the prominent New York-founded law firm's patent practice.

Iancu and O'Malley both joined Sullivan & Cromwell from intellectual property-focused law firm Irell & Manella. Iancu, Irell's managing partner from 2012 to 2018, rejoined the firm in 2021 after heading the USPTO during Donald Trump's presidency. O'Malley joined Irell last year after retiring from the U.S. Court of Appeals for the Federal Circuit."

Tuesday, June 27, 2023

Taco John’s responds to Taco Bell’s Taco Tuesday lawsuit; CNN, June 26, 2023

 , CNN; Taco John’s responds to Taco Bell’s Taco Tuesday lawsuit

"Last month, Taco Bell filed a petition with the US Patent and Trademark office to cancel the trademark owned by rival Taco John’s for 34 years because Taco Bell claims the commonly used phrase “should be freely available to all who make, sell, eat and celebrate tacos.” Since Taco John’s holds the trademark, other restaurants and companies must seek permission to use “Taco Tuesday” in branding and advertising.

The use of the phrase “potentially subjects Taco Bell and anyone else who wants to share tacos with the world to the possibility of legal action or angry letters if they say ‘Taco Tuesday’ without express permission from [Taco John’s] — simply for pursuing happiness on a Tuesday,” the original filing said.

In response, Taco John’s said it “has the right to enforce its trademark rights against infringers and those who want to infringe, including Taco Bell,” adding that it “denies that enforcing its trademark rights against infringers who seek to profit from the goodwill that Spicy Seasonings and its licensees … have created over the last forty-four years violates any American ideal.”"

Thursday, June 22, 2023

Fresh blow for Meghan Markle and Prince Harry as Archetypes patent bid fails amid Kate Middleton rumours; Scottish Daily Express, June 22, 2023

Douglas Dickie,  Scottish Daily Express; Fresh blow for Meghan Markle and Prince Harry as Archetypes patent bid fails amid Kate Middleton rumours

"Prince Harry and Meghan Markle have been dealt a fresh blow after an attempt to trademark their Archetypes podcast failed. The Sussexes had hoped to bag exclusive rights to the name as they look to find a new platform for it after splitting with Spotify.

But their hopes were dashed by the US Patent and Trademark Office which refused to grant the request due to potential confusion with an existing company. Meghan had produced just 12 episodes and a Christmas special of Archetypes for Spotify before the £18 million deal was ended...

However, it emerged that a trademark for Archetypes LLC already existed. An Arizonian firm claimed it in 2015 for use in a series of books and articles about "nutrition, fitness, sexuality, psychological self-improvement"."

Monday, June 5, 2023

US Supreme Court takes up case dealing with the use of public figures’ names and likenesses in trademarks; Jurist.org, June 5, 2023

 , Jurist.org; US Supreme Court takes up case dealing with the use of public figures’ names and likenesses in trademarks

"The US Supreme Court announced Monday it will take up the trademark case Vidal v. Elster, to determine whether the application of Section 2(c) of the Lanham Act to political figures violates the First Amendment

The case surrounds the trademark application by Steve Elster for the phrase “Trump Too Small,” which Elster attempted to trademark for use on t-shirts. Elster’s application was denied by the US Patents and Trademarks Office and the denial was upheld by the Trademark Trial and Appeal Board for violating Section 2(c) of the Lanham Act, which bars a trademark that “Consists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent…”"

Saturday, April 22, 2023

Surge in Trademark Fraud Scams Overwhelms Regulators, Applicants; Bloomberg Law, April 19, 2023

Riddhi Setty, Bloomberg Law ; Surge in Trademark Fraud Scams Overwhelms Regulators, Applicants

"An unprecedented surge in applications for US trademarks has unleashed an equally extraordinary rise in fraud schemes targeting applicants, leaving investigators struggling to keep up."

Trademark scams: how to avoid them and what to do if you get fooled; USPTO Webinar, Thursday, April 27, 2023 2 PM - 3:30 PM EDT

 "Trademark scams: how to avoid them and what to do if you get fooled

Trademark scams are on the rise, and bad actors are using increasingly devious and creative means to fool USPTO customers. Whether you're a trademark owner, applicant, or practitioner, you'll want to register for this important webinar on April 27, from 2-3:30 p.m. ET.

During an engaging panel discussion, our experts will give you practical tips for protecting yourself, your brand, and your clients from bad actors who:

  • Trick trademark owners into paying unnecessary fees
  • Engage in unauthorized conduct
  • Spoof legitimate attorneys and entities
  • Commit other fraudulent activities

A 30-minute question-and-answer session will follow the panel discussion. You may submit your questions before the event to TMWebinar@uspto.gov

We'll post a recording of this event to this page within three weeks of the event. All registrants will receive an email with the video link when it is ready.

Register today

Speakers

  • Sarah Franz, Staff Attorney, Electronic Filing and Public Web Services
  • David Mayer, Staff Attorney, Trademark Legal Policy Office
  • Dustin Bednarz, Staff Attorney, Trademark Legal Policy Office"