Women's Entrepreneurship event: How to identify and protect your intellectual property (IP) for business success; United States Patent and Trademark Office

United States Patent and Trademark Office ; Women's Entrepreneurship event: How to identify and protect your intellectual property (IP) for business success

"Save the date for this #WEWednesday event!

Join us at our next Women’s Entrepreneurship (WE) event on January 18, 2023, virtually and in Naples, Florida. We will welcome leaders in the intellectual property (IP) community and women entrepreneurs who will share their stories and tips on why protecting your IP—via patents, trademarks, copyrights, or trade secrets—is key to starting and maintaining a successful business.

Confirmed speakers:

• The Honorable Kate O'Malley (Ret.), U.S. Court of Appeals for the Federal Circuit; Of Counsel, Irell & Manella
• Chrissybil Boulin, Founder, Jump Start Tutoring Center
• Vaishali Udupa, Vice President, Associate General Counsel of Litigation, Hewlett Packard Enterprise; incoming Commissioner for Patents, USPTO (January 17, 2023)
• Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO

Register to attend in person or virtually here: Women's Entrepreneurship (WE) Wednesday Event

This series welcomes all entrepreneurs and aspiring entrepreneurs who are interested in learning more about succeeding in business, including information on identifying and protecting your intellectual property, securing options for funding, and expanding your network.

The USPTO and Department of Commerce recently launched WE, a community-focused, collaborative, and creative initiative to inspire women and tap their potential to meaningfully increase equity, job creation, and economic prosperity. WE includes a new online hub for aspiring women entrepreneurs to obtain key information on how to get started, identifying and protecting their intellectual property, options for securing funding, and building and maintaining a network. For questions about this initiative, contact we@uspto.gov"

AI’s Role in Modernizing Intellectual Property and Bolstering National Security; U.S. Chamber of Commerce Technology Engagement, U.S. Chamber of Commerce, August 1, 2022

Michael Richards Director, Policy, U.S. Chamber of Commerce Technology Engagement, U.S. Chamber of Commerce ; AI’s Role in Modernizing Intellectual Property and Bolstering National Security

Here are six recommendations for how the U.S. can lead on AI from the U.S. Chamber's fifth and final AI Commission hearing in Washington, D.C. on July 21, 2022.

"The U.S. may lose its position as a global leader in artificial intelligence (AI) if we do not modernize our intellectual property system and bolster our national security strategy. That emerged as the key theme at the U.S. Chamber’s fifth and final AI Commission field hearing, hosted in Washington, D.C. last week. Experts from civil society, government, academia, and industry gathered to discuss this and other important issues related to the use and regulation of AI. 

U.S. Chamber President and CEO Suzanne Clark opened the hearing by noting several challenges ahead, such as cooperation between Russia and China to compete against the U.S., intellectual property (IP) theft, and regulation from abroad. With regard to the Commission’s forthcoming policy recommendations, she noted, “You can count on the U.S. Chamber of Commerce to do something with this. You can count on us to not just produce a white paper but to really turn it into action, into work.” 

Here are six recommendations for how the U.S. can lead on AI:..."

World IP Day 2022—IP and Youth: Innovating for a Better Future; Library of Congress, April 26, 2022

 Alison Hall, Library of Congress; World IP Day 2022—IP and Youth: Innovating for a Better Future

"The U.S. Copyright Office joins intellectual property organizations around the world in celebrating World Intellectual Property Day. The theme, set by the World Intellectual Property Organization (WIPO), is IP and Youth: Innovating for a Better Future. In announcing the theme, WIPO states: “World Intellectual Property Day 2022 is an opportunity for young people to find out how IP rights can support their goals, help transform their ideas into reality, generate income, create jobs, and make a positive impact on the world around them. With IP rights, young people have access to some of the key tools they need to advance their ambitions.”

Everyone, no matter their age, is a creator. And under U.S. copyright law, there is no minimum age to create a copyright-protected work and have the work registered with the Copyright Office. The Office’s exhibit, “Find Yourself in Copyright,” highlights Meghan, the Duchess of Sussex’s work A Face without Freckles . . . Is a Night without Stars, which she created as part of an eighth-grade school project in 1996 and registered with the Copyright Office as a high school student."

The government dropped its case against Gang Chen. Scientists still see damage done; WBUR, February 16, 2022

Max Larkin, WBUR ; The government dropped its case against Gang Chen. Scientists still see damage done

"When federal prosecutors dropped all charges against MIT professor Gang Chen in late January, many researchers rejoiced in Greater Boston and beyond.

Chen had spent the previous year fighting charges that he had lied and omitted information on U.S. federal grant applications. His vindication was a setback for the "China Initiative," a controversial Trump-era legal campaign aimed at cracking down on the theft of American research and intellectual property by the Chinese government.

Researchers working in the United States say the China Initiative has harmed both their fellow scientists and science itself — as a global cooperative endeavor. But as U.S.-China tensions remain high, the initiative remains in place."

When Does Intellectual Property Expire?; Lexology, January 3, 2022

[Post #4,000, since blog began in 2008]

GHB Intellect, Lexology; When Does Intellectual Property Expire?

"Intellectual property, including patents, trademarks, and copyrights, is not a tangible thing. These assets do not all last forever, and in some cases, they need to be maintained in order to remain something that can be protected under IP. Understanding the terms of these assets is very important if you are going to protect an asset and be able to enforce that protection."

Intellectual property in a post-pandemic future part I - The world has become more IP-intensive; Lexology, December 31, 2021

Bird & Bird LLP, Lexology; Intellectual property in a post-pandemic future part I - The world has become more IP-intensive

"The coronavirus pandemic surprised the world a couple of years ago and forced people to adapt to exceptional circumstances. At the start of this series of articles, the return to the “new normal” has already been canceled once due to the omicron variant, and the old saying about the certainty of change feels very concrete.

A great deal has also happened in the field of intellectual property assets during the pandemic. I will discuss these, perhaps to some degree surprising, changes in the following series of articles, the first part of which concerns IP protection activity and its effects during the coronavirus era. In the second part, I will proceed to address the IP cultures of businesses which are nowadays seen as an increasingly significant part of the IP strategies of corporations. The third and final section of the series is dedicated to IP issues regarding sustainable development. All the themes mentioned show that even in the field of IP rights, only change is permanent and succeeding in a changing IP field requires companies to adapt a considerably more active and conscious frame of mind."

Marvel Reveals Who Really Owns Iron Man and Mr Fantastic’s First Inventions; Comic Book Resources, October 10, 2021

Amer Sawan, Comic Book Resources; Marvel Reveals Who Really Owns Iron Man and Mr Fantastic’s First Inventions

"WARNING: The following article contains spoilers for Deadpool Infinity Comic #1, now available on Marvel Unlimited.

Deadpool's attempt to sneak into a auction for most of the Marvel Universe's villains was prompted by an information leak from the true owners of Iron Man and Mister Fantastic's patents. In the event of their deaths that is. Which has already happened. Quite a few times in fact, so the actual legal rights are a bit up in the air. 

But the question of who owns the intellectual property isn't as important as the question of who Tony Stark and Reed Richards settled upon as the best candidate to look after their life's work. The two geniuses thought it over long and hard and selected Damage Control to be their beneficiary, as revealed in Deadpool Infinity Comic #1, by Gerry Duggan, Lucas Werneck, Geoffo, Rachelle Rosenberg and Joe Sabino."

US-backed vaccine patent waiver: pros and cons explained; The Conversation, May 6, 2021

 Farasat Bokhari, The Conversation; US-backed vaccine patent waiver: pros and cons explained

"So what are the pros and cons of this waiver and what are the alternatives?"

Introduction to Intellectual Property; OpenStax, March 2021

 OpenStax; Introduction to Intellectual Property

The ultimate crash course on protecting Intellectual Property; Lexology, October 13, 2020

Dennemeyer – The IP Group - Irene Corn, Lexology; The ultimate crash course on protecting Intellectual Property

"Why is it essential to protect your IP?

Your IP — including blueprints, artistic representations, and other information regarding your products, services, publications and branding — is your organization's lifeblood. Without it, those assets would simply not exist because you would have no incentive to create them in the first place.

If IP in business were free for the taking, overall competition among different companies in the same field would be severely limited. It would ultimately be dependent on mundane factors, like marketing and distribution budgets. Moreover, businesses and individual authors alike would get stuck and feel no pressure to create something new; similarly, in the patent field, thousands of the most notable technological advancements of the last century might not have come to pass. The stakes may not be as high for trademarks, but they are still immensely important because of how they express your brand's identity."

A Supreme Court Without RBG May Impact Hollywood's Grip on Intellectual Property; Billboard, September 21, 2020

Eriq Gardner, Billboard; A Supreme Court Without RBG May Impact Hollywood's Grip on Intellectual Property

 

[Kip Currier: This is a note I posted for my Intellectual Property and Open Movements course I'm teaching this term...

Timely and fascinating article regarding the recent passing of U.S. Supreme Court Justice Ruth Bader Ginsburg and her "copyright hawk" impact on many landmark Intellectual Property cases, like some we have already examined this term, e.g. Golan v. Holder (public domain) and Eldred v. Ashcroft (20 year extension of U.S. copyright protection period to Life of the Author plus 70 years.) In noting Ginsburg's judicial philosophy that tended to favor copyright maximalism, while a staunch civil rights defender and advocate for the equal rights of marginalized persons to the end, this article reminds us that people are often much more complex and less easily-defined than the boundaried labels that are often ascribed to them. And Justices are no different in that regard.]

 

 "Ginsburg gravitated to intellectual property disputes almost from the moment the Brooklyn, NY-born attorney was appointed to the Supreme Court by President Bill Clinton in 1993. More often than not, when a big ruling on the subject was on the table, it was she who carried the big pen. Notably, in 2003, Ginsburg wrote the majority opinion in Eldred v. Ashcroft that blessed an extension of the copyright term over a free speech challenge. Almost a decade later, she reached a similar conclusion in Golan v. Holder, which dealt with works taken from the public domain to comply with an international treaty. Ginsburg also shaped who could sue for copyright infringement — and when — with her majority opinions in Petrella v. MGM (2013) and Fourth Estate Pub. Benefit Corp. v. Wall-Street.com (2019). She also wrote a concurring opinion in MGM Studios v. Grokster, the case which apportioned secondary copyright liability in the file-sharing age.

Ginsburg was certainly hawkish when it came to copyright. And her view can be most sharply contrasted with those of Justice Stephen Breyer, demonstrating that there's more to judicial philosophy than a conservative-liberal divide...

Now comes Google v. Oracle, which has been hailed for good reason as the "copyright case of the century." It concerns Oracle's efforts to punish Google for allegedly infringing computer code to build the Android operating system. At issue in the case is the scope of copyright. Does the structure, sequence, and organization of application programming interfaces get protected? And separately, does Google have fair use to whatever is copyrighted? The movie industry is backing Oracle in the case —and the high court's conclusions will surely have an outsized influence both on the development of technology as well as how future copyright cases get adjudicated. Ginsburg's passing is probably bad news for Oracle's chances here. Of all the justices, she was least likely to read limits to copyright protection."

Intellectual Property and Education in the Age of COVID-19; Research Symposium, QUT Faculty of Law via infojustice.org, July 29, 2020

Matthew Rimmer, Research Symposium, QUT Faculty of Law via infojustice.org; Intellectual Property and Education in the Age of COVID-19

"Overview

This event will consider the relationship between intellectual property and higher education in the age of the public health crisis over the coronavirus COVID-19. It will bring together scholars, experts, and practitioners in law, business, and education, and examine this topic from a range of disciplinary perspectives.

Universities and educational institutions will play a key role in our local, national, and global response to the public health crisis of the coronavirus COVID-19. Professor John Shine — the President of the Australian Academy of Science — has stressed: ‘As a repository of knowledge, networks, infrastructure and smart, agile people, university science has the capacity to address global challenges.’ Shine suggests: ‘People trained by university science and working within the research sector are the people whose expertise will deliver on this global challenge.’ He has concluded: ‘It’s the capacity to innovate in our university science that will bring us through this crisis.’

This symposium will consider the role of universities and educational institutions as creators, intermediaries, and users of copyright work. It will also examine how universities rely upon trade mark law, branding, marketing, and Internet Domain Names. This symposium will explore the role of universities in respect of research, development and deployment of patented inventions in key fields — including agriculture, biotechnology, medicine, and clean technologies. This event will also consider the tension between the open access culture of universities, and the push towards the protection of trade secrets and confidential information. It will look at recent concerns about the cyber-hacking of universities, educational establishments, and research institutions.

This symposium will also provide an Australian launch of Professor Jacob Rooksby’s Research Handbook on Intellectual Property and Technology Transfer (Edward Elgar, 2020) — which includes a contribution from a QUT researcher on intellectual property, 3D printing, and higher education."

Attorney Gregory S. DeSantis Breaks Down Copyright Law—and Just What Constitutes 'Fair Use'; Playbill, July 21, 2020

Gregory S. DeSantis, Playbill; Attorney Gregory S. DeSantis Breaks Down Copyright Law—and Just What Constitutes 'Fair Use'

"With theaters of all sizes closed, performing artists find themselves at home with an uptick in weekly screen time. Entrepreneurial-minded performers are attempting to benefit from this trend by producing more digital content than before. As a result, a lot of exciting streaming content has emerged during the COVID-19 pandemic from Star Wars-themed ballet classes to at-home musicals. However, anyone using another copyright- or trademark-protected work risks receiving cease and desist letters, monetary fines and potentially imprisonment when incorporating protected content into their online brand."

Statement from Director Andrei Iancu on the loss of former USPTO Director Q. Todd Dickinson; United States Patent and Trademark Office (USPTO), May 5, 2020

United States Patent and Trademark Office (USPTO); Statement from Director Andrei Iancu on the loss of former USPTO Director Q. Todd Dickinson

"The United States Patent and Trademark Office (USPTO) mourns the loss of The Honorable Q. Todd Dickinson, former Under Secretary of Commerce for Intellectual Property and Director of the USPTO. Todd was immensely knowledgeable and influential in the intellectual property community. He was a warm person and a great friend to many.

Todd’s career spanned the IP landscape, having worked in law firms, corporations, trade groups, and government. After serving as Chief IP Counsel at Sun, Todd was appointed by President Clinton in 1998 to be Deputy Commissioner of Patents and Trademarks at the USPTO. With the passage of the American Inventors Protection Act (AIPA) in 1999, Todd became the first person to hold the modern-era title of Under Secretary of Commerce and Director of the USPTO. 

Todd was at the forefront of modernizing the USPTO to make it more user friendly. Under his leadership, the agency started accepting electronic filings and launched the now popular Patent Application Information Retrieval system (PAIR), which makes most patent filings available to the public electronically. He also was central in efforts to harmonize aspects of US and international patent law. 

As Director, he was beloved by USPTO staff and lauded by outside stakeholders. One examiner said that Todd made him proud to serve as an examiner at the USPTO, and another remembered his mantra that the USPTO is the “patent office, not the rejection office.”"

Free Access to Intellectual Property is Crucial in Mitigating The COVID-19 Pandemic; News18, April 9, 2020

Simantini Dey, News18; Free Access to Intellectual Property is Crucial in Mitigating The COVID-19 Pandemic

"Furthermore, sharing intellectual property among members of academia is also important, so that the invention of a working vaccine can be accelerated, and more can be discovered about this potent virus. 

To ensure such co-operation, a group of scientists, lawyers, entrepreneurs and individuals have come together and started the 'Open COVID pledge' initiative. The organisations, institutions and universities who take the 'Open COVID Pledge' will voluntarily make the commitment of sharing their Intellectual Property related to COVID-19, thereby reducing information barrier. 

So far, Intel, Mozilla and Creative Commons have publically taken the Open COVID pledge. Harvard, MIT and Stanford have also agreed to this initiative. The University of Utah (Centre for Law and Biological Sciences), and Montreal Neurological Institute-Hospital are among some of the other institutions that have endorsed the pledge.

The current global healthcare crisis has brought to sharp focus the need to review patent laws of pharmaceutical products and how it should be reframed in case of a pandemic, or epidemic in future."

China Vies to Run U.N. Patent Office in Bid for Fifth Leadership; Reuters via The New York Times, March 4, 2020

Reuters via The New York Times; China Vies to Run U.N. Patent Office in Bid for Fifth Leadership

"A Chinese lawyer is one of two Asian favorites to head the world patent office, a post that would give Beijing its fifth U.N. leadership role and, according to its critics, an unprecedented level of influence over new technologies.

Voting opened on Wednesday at the 193-member Geneva-based World Intellectual Property Organization (WIPO), which shapes global rules for intellectual property and oversees a patent system in which China and its firms, like telecoms giant Huawei Technologies, have a growing stake.

The Coordinating Committee, a group of 83 countries chaired by France, met behind closed doors to choose a nominee. Whoever is chosen needs to be confirmed at a general assembly in May...

WIPO members vote by secret ballot and campaign videos have not been made public."

Protecting Your Most Valuable Assets: How to Identify and Maintain Your Institution’s Trade Secrets; The National Law Review, January 23, 2020

Frank Amini, Ph.D., Robert Shaddox, The National Law Review; Protecting Your Most Valuable Assets: How to Identify and Maintain Your Institution’s Trade Secrets

"An institution’s trade secrets can be its most valuable and prolonged assets.   However, institutions must take numerous steps in order to maintain the enforceability of their trade secrets.  Such steps include: (1) identifying the trade secrets; and (2) taking “reasonable measures” to maintain the secrecy of the trade secrets."

Steal This Intellectual Property; Reason, March 2020 Issue

Dierdre McCloskey, Reason; Steal This Intellectual Property

"I want you to steal what the lawyers self-interestedly call "intellectual property": Hoffman's book or my books or E=mc² or the Alzheimer's drug that the Food and Drug Administration is "testing" in its usual bogus and unethical fashion. I want the Chinese to steal "our" intellectual property, so that consumers worldwide get stuff cheaply. I want everybody to steal every idea, book, chemical formula, Stephen Foster lyric—all of it. Steal, steal, steal. You have my official economic permission. 

What?! A liberal (in the classical sense) wants people to steal? You bet. Here's why. An idea, after it is produced, has no opportunity cost."

Why Is the U.S. Surrendering the Global IP System to China?; National Review, February 12, 2020

Tom Gionvanetti, National Review; Why Is the U.S. Surrendering the Global IP System to China?

"What a coup it will be for China to gain control over the global IP system at the same time that the U.S. is pressuring China over IP theft — and what a monumental miscalculation by those President Trump has trusted to further one of his key foreign-policy goals. Talk about playing the long game vs. the short game.

The election for WIPO’s top spot is on March 7. Candidates for the directorship remain from Japan, Singapore, and Colombia, and all of these would be superior choices from the perspective of the U.S. and other nations that create the kinds of innovative products that are targets of Chinese espionage and theft. But only immediate attention from the White House can prevent WIPO from becoming dominated by China, which would pose risks to the entire global IP system, and thus to U.S. security and innovation."

Fair game: Does the fair use doctrine apply to Andy Warhol’s pop art?; ABA Journal, January 9, 2020

Eldon L. Ham, ABA Journal; Fair game: Does the fair use doctrine apply to Andy Warhol’s pop art?

"The acclaimed “Andy Warhol—From A to B and Back Again” exhibit of more than 400 of Andy Warhol’s works has been making the rounds from New York to San Francisco to Chicago. Even casual observers have a sense of Warhol’s groundbreaking pop-art style. Yet there is one surprising legal question of fair use and transformative value that begs consideration: Just what is a “Warhol”?"