USPTO releases AI strategic plan; FedScoop, January 15, 2025

CAROLINE NIHILL,  FedScoop; USPTO releases AI strategic plan

"The U.S. Patent and Trademark Office is planning to examine the intersection of artificial intelligence innovation and advancing intellectual property policies as part of a new AI strategy the agency released Tuesday. 

In the document, the USPTO said it intends to study AI-related implications for IP protections and potential uses for the technology to safeguard trademark rights. The agency plans to advocate for the development of “sound judicial precedents and legislation that promote both AI innovation and respect for IP rights, while not unnecessarily constraining future AI innovation.”"

USPTO announces new Artificial Intelligence Strategy to empower responsible implementation of innovation; United States Patent and Trademark Office (USPTO), January 14, 2025

United States Patent and Trademark Office (USPTO) ; USPTO announces new Artificial Intelligence Strategy to empower responsible implementation of innovation 

"AI Strategy outlines how the USPTO will address AI's impact across IP policy, agency operations, and the broader innovation ecosystem  

WASHINGTON—The U.S. Patent and Trademark Office (USPTO) announced a new Artificial Intelligence (AI) Strategy to guide the agency’s efforts toward fulfilling the potential of AI within USPTO operations and across the intellectual property (IP) ecosystem. The Strategy offers a vision for how the USPTO can foster responsible and inclusive AI innovation, harness AI to support the agency’s mission, and advance a positive future for AI to ensure that the country maintains its leadership in innovation. 

“We have a responsibility to promote, empower, and protect innovation,” said Derrick Brent, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO. “Developing a strategy to unleash the power of AI while mitigating risks provides a framework to advance innovation and intellectual property.”  

The strategy aims to achieve the USPTO’s AI vision and mission through five focus areas which include: 

1. Advance the development of IP policies that promote inclusive AI innovation and creativity. 
2. Build best-in-class AI capabilities by investing in computational infrastructure, data resources, and business-driven product development. 
3. Promote the responsible use of AI within the USPTO and across the broader innovation ecosystem.
4. Develop AI expertise within the USPTO’s workforce.
5. Collaborate with other U.S. government agencies, international partners, and the public on shared AI priorities.

The USPTO and our sister agencies within the Department of Commerce, as well as the U.S. Copyright Office, are providing critical guidance and recommendations to advance AI-driven innovation and creativity. In 2022, the USPTO created the AI and Emerging Technology (ET) Partnership, which has worked closely with the AI/ET community to gather public feedback through a series of sessions on topics related to AI and innovation, biotech, and intellectual property (IP) policy. Since its 2022 launch, more than 6,000 stakeholders have engaged with us on these critical issues. In addition, the USPTO collaborates across government to advance American leadership in AI by promoting innovation and competition as set forth in the Biden-Harris Administration’s landmark October 2023 AI Executive Order. 

The full text of the AI Strategy can be found on the AI Strategy webpage. Additionalinformation on AI, including USPTO guidance and more on USPTO’s AI/ET Partnership, can be found on our AI webpage. "

Celebrate the grand opening of Kentucky’s newest Patent and Trademark Resource Center; United States Patent and Trademark Center (USPTO), December 19, 2024

United States Patent and Trademark Center (USPTO); Celebrate the grand opening of Kentucky’s newest Patent and Trademark Resource Center

"Kentucky innovators, join us in person on Tuesday, January 7, from 3-6 p.m. ET for the grand opening of the Patent and Trademark Resource Center (PTRC) at the University of Louisville’s Kornhauser Health Sciences Library.  

Celebrate this addition to the innovation community with remarks from USPTO and university leadership and an official ribbon cutting. You’ll learn about the vital role of intellectual property (IP) in Kentucky and the numerous resources available to help innovators protect their IP.  

After the program concludes, join your fellow creators for an informal networking session at the Louisville Thoroughbred Society from 6:30-8 p.m. ET."

Trademark Center—a new way to apply to register your trademark; United States Patent and Trademark Office (USPTO), December 18, 2024

David S. Gooder , United States Patent and Trademark Office (USPTO); Trademark Center—a new way to apply to register your trademark

"We recently shared that on January 18, 2025, Trademark Center will become the only way to apply for a trademark registration. While you can still submit applications in the Trademark Electronic Application System (TEAS) until then, I invite you to join the thousands of customers who have already tried Trademark Center. I think you’ll appreciate some of the updates and new capabilities as you get familiar with the system.

Modernizing our systems has been a key focus at the USPTO, and it’s one of the goals of our 2022-26 strategic plan to ensure all trademark applicants and owners have the best experience possible when doing business with our agency. One way we're doing this is through our open beta rollout of Trademark Center, which was launched this past summer. You can now draft and file your trademark application in this new system at trademarkcenter.uspto.gov, and we’ve recently added some exciting new features. Over the next few years, it will become the single platform for not only your trademark registration needs but searching and other trademark services."

Tuskegee University Alumna Helps Push Through Patent and Trademark Resource Center Designation; Tuskegee University, December 19, 2024

Thonnia Lee , Tuskegee University; Tuskegee University Alumna Helps Push Through Patent and Trademark Resource Center Designation

"Thanks to the dedication of Tuskegee University alumna Charesse Evans, Tuskegee University Libraries received official designation as a Patent and Trademark Resource Center (PTRC) by the US Patent and Trademark Office (USPTO), the federal agency responsible for protecting inventions, creative designs, and other innovations.

This means Tuskegee University can now provide trademark and patent assistance through our library staff.

“As a patent attorney and intellectual property professional with over two decades of experience, I am incredibly proud to have played a role in helping Tuskegee University achieve official designation as a Patent and Trademark Resource Center (PTRC),” said Evans, a Senior Advisor to Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “This designation holds particular significance for me, both personally and professionally. Throughout my career, I have collaborated with numerous institutions across the country to support and protect intellectual property. It is an absolute honor to witness my alma mater become an integral part of this essential ecosystem that nurtures the brilliant minds being shaped at the university and within the surrounding community.”...

The Tuskegee University PTRC will support residents who want to patent an invention or register a trademark. The university team is trained to help inventors and small businesses find the information they need to protect their intellectual property."

Meghan Markle asks US Patent Office for more time to correct American Riviera Orchard trademark application; New York Post, November 29, 2024

Nika Shakhnazarova, New York Post; Meghan Markle asks US Patent Office for more time to correct American Riviera Orchard trademark application

"Meghan Markle has asked the US Patent and Trademark Office for extra time to launch her lifestyle brand, American Riviera Orchard.

The Duchess of Sussex, 43, has faced a slew of ongoing trademark troubles since announcing the brand’s impending launch in March.

In documents obtained by The Post, the “Suits” alum’s legal team has requested a three-month extension in her attempt to secure a trademark for the yet-to-be released brand...

Rival lifestyle brand Harry & David filed a protest against Markle’s lifestyle brand, claiming the name is far too similar to its “Royal Riviera” product line."

US Trademark Office cancels Marvel, DC's 'Super Hero' marks; Reuters, September 26, 2024

Blake Brittain , Reuters; US Trademark Office cancels Marvel, DC's 'Super Hero' marks

"A U.S. Trademark Office tribunal has canceled a set of "Super Hero" trademarks jointly owned by comic giants Marvel and DC at the request of a London-based comic book artist, according to a Thursday order.

The USPTO's Trademark Trial and Appeal Board ruled for S.J. Richold's Superbabies Ltd after Disney's Marvel and Warner Bros' DC did not file an answer to Superbabies' request to invalidate the marks.

Spokespeople and attorneys for Marvel and DC did not immediately respond to requests for comment. Superbabies attorney Adam Adler of Reichman Jorgensen Lehman & Feldberg said in a statement that the ruling was "not just a win for our client but a victory for creativity and innovation."

"By establishing SUPER HEROES' place in the public domain, we safeguard it as a symbol of heroism available to all storytellers," Adler said."

Crayola trademarks the 'slightly earthy' smell of its crayons; Financial Post, August 23, 2024

 Lily Meier and Brian Delk, Bloomberg via Financial Post; Crayola trademarks the 'slightly earthy' smell of its crayons

"In July, the U.S. Patent and Trademark Office issued a trademark to the arts and crafts giant for the smell of its crayons — that waxy scent of a childhood spent trying to colour within the lines."

USPTO issues AI subject matter eligibility guidance; United States Patent and Trademark Office (USPTO), July 16, 2024

United States Patent and Trademark Office (USPTO) ; USPTO issues AI subject matter eligibility guidance

"The U.S. Patent and Trademark Office (USPTO) has issued a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies, including in artificial intelligence (AI). This guidance update will assist USPTO personnel and stakeholders in determining subject matter eligibility under patent law (35 § U.S.C. 101) of AI inventions. This latest update builds on previous guidance by providing further clarity and consistency to how the USPTO and applicants should evaluate subject matter eligibility of claims in patent applications and patents involving inventions related to AI technology. The guidance update also announces three new examples of how to apply this guidance throughout a wide range of technologies. 

The guidance update, which goes into effect on July 17, 2024, provides a background on the USPTO’s efforts related to AI and subject matter eligibility, an overview of the USPTO’s patent subject matter eligibility guidance, and additional discussion on certain areas of the guidance that are particularly relevant to AI inventions, including discussions of Federal Circuit decisions on subject matter eligibility. 

“The USPTO remains committed to fostering and protecting innovation in critical and emerging technologies, including AI,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “We look forward to hearing public feedback on this guidance update, which will provide further clarity on evaluating subject matter eligibility of AI inventions while incentivizing innovations needed to solve world and community problems.” 

The three new examples provide additional analyses under 35 § U.S.C. 101 of hypothetical claims in certain situations to address particular inquiries, such as whether a claim recites an abstract idea or whether a claim integrates the abstract idea into a practical application. They are intended to assist USPTO personnel in applying the USPTO’s subject matter eligibility guidance to AI inventions during patent examination, appeal, and post-grant proceedings. The examples are available on our AI-related resources webpage and our patent eligibility page on our website.  

The USPTO continues to be directly involved in the development of legal and policy measures related to the impact of AI on all forms of intellectual property. The guidance update delivers on the USPTO’s obligations under the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence o provide guidance to examiners and the public on the impact of AI and issues at the intersection of AI and IP, including patent subject matter eligibility. This follows our announcement earlier this year on Inventorship guidance for AI-assisted inventions, as well as AI guidance for practitioners and a request for comments on the impact of AI on certain patentability considerations, including what qualifies as prior art and the assessment of the level of ordinary skills in the art (comments accepted until July 29, 2024). 

The full text of the guidance update on patent subject matter eligibility is available on our Latest AI news and reports webpageand the corresponding examples are available on our AI-related resources webpage. The USPTO will accept public comments on the guidance update and the examples through September 16, 2024. Please see the Federal Register Notice for instructions on submitting comments."

Public roundtable: AI and protections for use of an individual’s name, image, likeness, or reputation; United States Patent and Trademark Office (USPTO), Monday, August 5, 2024 9 AM EDT - 4:30 PM EDT

United States Patent and Trademark Office (USPTO); Public roundtable: AI and protections for use of an individual’s name, image, likeness, or reputation

"The United States Patent and Trademark Office (USPTO) invites members of the public to a roundtable discussion about the intersection of artificial intelligence (AI) technology and legal protections for individuals’ reputations and name, image, voice, likeness (NIL), and other indicators of identity. 

This is your opportunity to provide input on:

• Whether existing legal protections for individuals’ NIL and reputations are sufficient
• How these legal protections intersect with other intellectual property (IP) laws
• How AI technology impacts existing legal protections for NIL and reputation

The feedback received will assist the USPTO’s work to develop IP policy recommendations regarding the intersection of AI and IP, in accordance with the  Executive Order on AI ssued by President Biden in October 2023.

The roundtable will consist of two sessions: A morning in-person session at USPTO headquarters in Alexandria, Virginia, and an afternoon virtual session. Both sessions will be livestreamed."

Intellectual property and entrepreneurship resources for the military community; United States Patent and Trademark Office (USPTO), May 31, 2024

United States Patent and Trademark Office (USPTO); Intellectual property and entrepreneurship resources for the military community

"Earlier this month at Fort Buchanan, Puerto Rico, an Army veteran and business owner said he wished this valuable USPTO program had been around when he started his business.

Entrepreneurship Essentials Roadshows are part of the From Service to Success program and reflect the USPTO’s mission of inclusive innovation, meeting potential entrepreneurs and small business owners where they are with targeted programming. Roadshows visit military bases worldwide and help by:

• Providing encouragement from military leadership.
• Sharing tips from experts on obtaining funding, identifying markets, writing and executing business plans, and hearing from other entrepreneurs.
• Offering practical information to protect valuable innovations.
• Networking with other entrepreneurs."

USPTO Seeks Public Comment on the Impact of Artificial Intelligence on Patentability; JDSupra, June 17, 2024

Ivy Clarice Estoesta, Roozbeh Gorgin , JDSupra; USPTO Seeks Public Comment on the Impact of Artificial Intelligence on Patentability

"The relentless march of technological progress presents a unique challenge for the intellectual property (IP) landscape. Earlier this year, the United States Patent and Trademark Office (USPTO) issued a Request for Comments (RFC) on inventorship guidance for AI-assisted inventions. See 89 FR 10043, available here (last visited June 10, 2024). Many responses to that inquiry, which closes on June 20, 2024, have encouraged the USPTO to investigate how AI impacts obviousness determinations. Not surprisingly, the USPTO recently issued a RFC seeking public input on the potential impact of Artificial Intelligence (AI) on prior art, the knowledge of a person having ordinary skill in the art (PHOSITA), and determinations of patentability. See89 FR 34217, p. 34217, available here (last visited June 10, 2024). This client alert summarizes that RFC and delves into the complexities surrounding AI and patents, exploring the implications for patent applications, patent owners, patent practitioners, and the future of IP law."

Can You Trademark a Potato? Take Our Food-Branding Quiz.; The New York Times, June 4, 2024

Nick Robins-Early , The New York Times; Can You Trademark a Potato? Take Our Food-Branding Quiz.

America is saturated with food trademarks. The Cronut? Trademarked. Pop-Tarts? Trademarked. Even grapes that taste like cotton candy, and the mash-up of gai lan and broccoli called Broccolini are legally protected.

Yet the celebrity chef David Chang was widely criticized this spring for pressuring small manufacturers to stop using the term “chile crunch.” His business holds the trademark for the spicy condiment, but many people wondered: How can a name common to so many cuisines be owned by one company?

The answers to that question and many more lie in the byzantine deliberations of the U.S. Patent and Trademark Office, in Alexandria, Va. It has registered more than 200,000 food and agricultural trademarks, which means that the name or product — the brand, essentially — is unique enough that no one else is allowed to use it for a similar item. (Recipes can’t be trademarked, but some can be ruled trade secrets, like the formula for Dr Pepper or KFC’s 11 herbs and spices.)

The process of deciding what merits a trademark can be downright Talmudic, starting with the hierarchy of trademark types. The easiest to secure and protect are the completely made-up words that the office calls “fanciful,” like Häagen-Dazs. Next are “arbitrary" names — real words that have nothing to do with the products they identify, like Apple for computers. Harder-to-trademark categories include “suggestive” names, which contain a hint of what the product is, like SweeTarts, and plainly “descriptive” ones, like All-Bran.

There are precise legal requirements to meet, but also room for subjective interpretation. Public perception is the barometer. If a name seems confusing, misleading or too common, it won’t get a trademark. “Our job is to figure out what the American consumer is thinking,” said Amy Cotton, the deputy commissioner for trademark examination.

As a consumer, how good are you at gauging what deserves a trademark?"

Women transforming industries: Recognizing the power of intellectual property; United States Patent and Trademark Office (USPTO), April 24 12 Noon EDT

United States Patent and Trademark Office (USPTO) ; Women transforming industries: Recognizing the power of intellectual property

"Hear how women innovators are impacting industries across the board with intellectual property (IP) protection at our next Women's Entrepreneurship (WE) event, happening virtually and in person on Wednesday, April 24 from noon to 1 p.m. ET at George Mason University's Mason Enterprise Center in Fairfax, Virginia.

Expert panelists, including women entrepreneurs, small business owners, and inventors, will discuss resources and services that can help you protect your IP, access capital, find mentors, and network with fellow innovators and entrepreneurs.

An agenda and speaker list will be posted soon.

Register today

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."

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 Register. This 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."

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."

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."

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."