Public Symposium on AI and IP; United States Patent and Trademark Office (USPTO), Wednesday, March 27, 2024 10 AM - 3 PM PT/1 PM - 6 PM ET

United States Patent and Trademark Office (USPTO); Public Symposium on AI and IP

"The United States Patent and Trademark Office (USPTO) Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership will hold a public symposium on intellectual property (IP) and AI. The event will take place virtually and in-person at Loyola Law School, Loyola Marymount University, in Los Angeles, California, on March 27, from 10 a.m. to 3 p.m. PT. 

The symposium will facilitate the USPTO’s efforts to implement its obligations under the President’s Executive Order (E.O.) 14110 “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The event will include representation from the Copyright Office, build on previous AI/Emerging Technologies (ET) partnership events, and feature panel discussions by experts in the field of patent, trademark, and copyright law that focus on:

1. A comparison of copyright and patent law approaches to the type and level of human contribution needed to satisfy authorship and inventorship requirements;
2. Ongoing copyright litigation involving generative AI; and 
3. A discussion of laws and policy considerations surrounding name, image, and likeness (NIL) issues, including the intersection of NIL and generative AI.

This event is free and open to the public, but in-person attendance is limited, so register early"

Computer scientist makes case for AI-generated copyrights in US appeal; Reuters, January 23, 2024

 Blake Brittain, Reuters; Computer scientist makes case for AI-generated copyrights in US appeal

"Creative works generated entirely by artificial intelligence should be eligible for copyright protection, computer scientist Stephen Thaler told a federal appeals court in Washington this week...

A separate U.S. appeals court rejected Thaler's bid for patents covering AI-generated inventions, in a decision that the U.S. Supreme Court declined to review last year. The UK Supreme Court ruled against Thaler in a similar case in December.

Thaler has several related cases still pending in other countries."

AI cannot patent inventions, UK Supreme Court confirms; BBC, December 20, 2023

BBC ; AI cannot patent inventions, UK Supreme Court confirms

"The UK Supreme Court has upheld earlier decisions in rejecting a bid to allow an artificial intelligence to be named as an inventor in a patent application.

Technologist Dr Stephen Thaler had sought to have his AI, called Dabus, recognised as the inventor of a food container and a flashing light beacon."

Apple stops selling latest Apple Watch after losing patent case; NPR, December 18, 2023

 Bobby Allyn, NPR; Apple stops selling latest Apple Watch after losing patent case

"Apple will be pulling two of its newest smartphone watches from store shelves this week after losing a patent dispute over whether it illegally copied another company's technology.

Apple said Monday it would stop selling the Series 9 and Ultra 2 versions of its popular watch following medical technology company Masimo alleging Apple infringed on its patent for a blood oxygen sensor that can read someone's pulse. Apple has repeatedly denied the allegation."

The Patent Fight That Could Take Apple Watches Off the Market; The New York Times, October 30, 2023

 Peter Coy, The New York Times; The Patent Fight That Could Take Apple Watches Off the Market

"Masimo argues that Apple’s reputation for innovation is undeserved and that the company has made a practice of “efficient infringement” — using other companies’ technologies without permission and dealing with the legal fallout as necessary. The company points to something that Steve Jobs, Apple’s co-founder, said in 1996: “Picasso had a saying. He said, ‘Good artists copy; great artists steal.’ And we have, you know, always been shameless about stealing great ideas.”

Apple, of course, rejects this characterization and says the company respects other companies’ intellectual property. In Apple’s defense, it’s fair to assume that Jobs was speaking metaphorically, and not copping to a crime, when he said that the company stole."

How a Drug Maker Profited by Slow-Walking a Promising H.I.V. Therapy; The New York Times, July 22, 2023

Rebecca Robbins and Sheryl Gay Stolberg, The New York Times; How a Drug Maker Profited by Slow-Walking a Promising H.I.V. Therapy

"Gilead, one of the world’s largest drugmakers, appeared to be embracing a well-worn industry tactic: gaming the U.S. patent system to protect lucrative monopolies on best-selling drugs...

Gilead ended up introducing a version of the new treatment in 2015, nearly a decade after it might have become available if the company had not paused development in 2004. Its patents now extend until at least 2031.

The delayed release of the new treatment is now the subject of state and federal lawsuits in which some 26,000 patients who took Gilead’s older H.I.V. drugs claim that the company unnecessarily exposed them to kidney and bone problems."

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

Blake Brittain, 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."

IP Considerations in Protecting Autonomous Vehicle Software with Patents and Copyrights; National Law Review, July 6, 2023

Foley & Lardner LLP, National Law Review; IP Considerations in Protecting Autonomous Vehicle Software with Patents and Copyrights

"As autonomous vehicles and associated software become more commonplace in the automotive industry, it is important to recognize which forms of intellectual property grant protection within quickly evolving areas of technology and to understand how to obtain registration and enjoy the advantages within an increasingly competitive landscape. Autonomous vehicles are unique in the automotive industry because they incorporate new forms of technology not commonly embedded in automobiles. This can include, image recognition systems, LIDAR (Light Detection and Ranging), and most importantly complex software incorporating artificial intelligence and machine learning. Intellectual property protection enables autonomous vehicle developers to get ahead of their competitors, create an environment in which research and innovation are incentivized, stop others from infringing protected technology, and can allow technology to be further monetized through licensing agreements.

A comprehensive IP strategy using both patents and copyrights can help protect key technology."

AMP v. Myriad: The Fight to Take Back Our Genes; ACLU, June 13, 2023

 Lora Strum , ACLU; AMP v. Myriad: The Fight to Take Back Our Genes

"Ten years after the Supreme Court invalidated the patents on two human genes in AMP v. Myriad, we revisit the landmark case amid renewed calls for gene patenting."

US judge facing competency probe asks court to block her suspension; Reuters, June 27, 2023

Blake Brittain , Reuters; US judge facing competency probe asks court to block her suspension

"Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit asked a Washington, D.C., district court on Tuesday for an order revoking her suspension from hearing cases amid an investigation into her competency and conduct.

The 96-year-old judge said in a court filing that her suspension without a misconduct finding is unconstitutional and repeated her argument that she is fit to serve, citing a recent neurological exam that she said "revealed no significant cognitive deficits.""

Colleagues want a 95-year-old judge to retire. She’s suing them instead.; The Washington Post, June 5, 2023

Rachel Weiner , The Washington Post; Colleagues want a 95-year-old judge to retire. She’s suing them instead.

"Newman’s refusal to quit on anyone else’s terms served her early in her career. Three decades after her mother marched for the right to vote, Newman decided she would be a doctor. No medical school accepted her. She went to graduate school at Yale for chemistry instead; no chemical firm would hire her except American Cyanamid. She was the only female research scientist there, and her bosses tried to force her into becoming a librarian until she threatened to walk out.

She would later receive her own patents for colorful, dirt-resistant synthetic fabric she helped invent. But after three years, Newman took her savings and bought a ticket on a boat to Paris, where she supported herself by mixing drinks on the Île Saint-Louis.

Six months later, “totally destitute,” Newman came back to the United States and found “a job that I knew no respectable scientist would take, and that was writing patent applications,” she told female law students at New York University in 2013. Soon, she was a patent lawyer. The next time she went to Paris, it was as a science policy specialist for the United Nations, again the only woman in her professional association. On her office desk sits a mug from a bar she could not enter during her time at NYU Law — it reads “Good ale, raw onions, and no ladies.”"

If AI invents a new medicine, who gets the patent?; Stat, June 8, 2023

Brittany Trang, Stat; If AI invents a new medicine, who gets the patent?

"Pharmaceutical and biotech companies are increasingly using artificial intelligence to discover and make drugs and therapeutics. Congress on Wednesday asked the question: Does that mean AI can be an inventor on a patent?"

UVM Extension: Plants and intellectual property; Rutland Herald, March 18, 2023

Nadie Vanzandt, Rutland Herald; UVM Extension: Plants and intellectual property

"On May 23, 1930, President Herbert Hoover signed into law a bill called the Plant Patent Act. This bill was created to encourage private investment in plant breeding while protecting growers who spent extensive time (sometimes years) and money perfecting a cultivar only to have their invention freely reproduced and sold by others for profit."

What’s the Real Deal between AI Art & IP?; The Michelson Institute for Intellectual Property, February 22, 2023

Executive Editor: David Orozco, J.D., Bank of America Professor at Florida State University & Editor-in-Chief at American Business Law Journal, The Michelson Institute for Intellectual Property ; What’s the Real Deal between AI Art & IP?

"Can Creatives Fight Back Using IP? 

Artists and creatives may use U.S. copyright law to protect their works from unauthorized use or infringement, including works generated by AI. However, the exact extent of protection will depend on the specific circumstances of the case and the application of relevant legal principles, such as fair use and the doctrine of originality.

For instance, if an AI-generated work is deemed to be a “derivative work” based on the original creative work of an artist, the artist may have the right to control the use and distribution of that derivative work. On the other hand, if the AI-generated work is considered a “transformative” use of the original work, it may qualify for protection under the doctrine of fair use, which would allow it to be used without permission from the original artist."

Turns out Sony owns the creepiest TV patent ever; Creative Bloq, January 15, 2023

 Daniel Piper, Creative Blow; Turns out Sony owns the creepiest TV patent ever

"Patent filings often offer a tantalising glimpse at what weird and wonderful inventions tech brands have up their sleeves. Whether or not they'll ever come to fruition hardly matters – it's just fun to know that Apple is working on teeth-powered AirPods or Sony wants to make controllers with collapsible joy joysticks. But it turns the latter brand has also filed one of the most dystopian patents we've seen.

The 2009 patent, which has recently resurfaced on social media, describes a form of advertising that we hope never, ever becomes the norm. In it, TV viewers are only able to skip an advert by shouting the name of the brand. Yep, crying 'McDonald's!' is the only way to make the Big Mac disappear. (Check out the best Apple patents for some slightly less terrifying ideas.)"

United States: Art And Artificial Intelligence Collide With Copyright Law; Mondaq, December 29, 2022

Marc D. Ostrow and  Carlianna Dengel, Romano Law , Mondaq; United States: Art And Artificial Intelligence Collide With Copyright Law

"US Copyright law protects "original works of authorship." And at least since the famous "Monkey Selfie" case, the Copyright Office's Compendium of Office Practices III states at section 313.2, "[t]o qualify as a work of 'authorship' the work must be created by a human being." The first example cited in this section as a work that will not be granted a copyright registration is a "photograph taken by a monkey."

This principle has been applied to AI-generated works in both the patent and copyright arenas. Stephen Thaler, the creator of the AI platform, DABUS, an acronym for Device for the Autonomous Bootstrapping of Unified Sentience, had previously applied for patent protection for a DABUS-created invention. The USPTO denied Thaler's application and he appealed that denial as far as the US Court of Appeals for the Federal Circuit. In October, that court rejected on the grounds that an inventor must be an individual.

Dr. Thaler had also applied for a copyright registration for artwork created by his computer program, "Creativity Machine." His 2018 application was rejected, and Thaler appealed that refusal to the Copyright Review Board (CRB). In a lengthy letter to Dr. Thaler's counsel dated February 14, 2022 and signed by the Register of Copyrights, the CRB, citing the Compendium III and prior Supreme Court precedent, affirmed the refusal to register the work on the basis that the "author" of the work is not human.

Given the proliferation of open-source AI platforms to generate all manner of creative works, including visual art, poetry and songs and the exponentially increasing number of AI-created works, copyright law may need to be more flexible as to what AI-generated (or partially generated) works may be registered and by whom. Other thorny issues that will need to be addressed either by legislation, regulation or litigation are the use of copyright or trademark protected works to train AI applications or the incorporation of such works into AI-generated creations."

U.S. Supreme Court has busy year ahead for intellectual property law; Reuters, December 22, 2022

 Blake Brittain, Reuters; U.S. Supreme Court has busy year ahead for intellectual property law

"After a relatively quiet year for intellectual property cases at the U.S. Supreme Court, the justices are set to consider several important issues in copyright, patent and trademark law in 2023."

Pfizer, BioNTech countersue Moderna over COVID-19 vaccine patents; Reuters, December 6, 2022

Blake Brittain, Reuters ; Pfizer, BioNTech countersue Moderna over COVID-19 vaccine patents

"Pfizer Inc (PFE.N) and its German partner, BioNTech SE (22UAy.DE), fired back at Moderna Inc (MRNA.O) on Monday in a patent lawsuit over their rival COVID-19 vaccines, seeking dismissal of the lawsuit in Boston federal court and an order that Moderna's patents are invalid and not infringed.

Moderna first sued Pfizer in August, accusing the company of violating its rights in three patents related to innovations that Cambridge, Massachusetts-based Moderna said it pioneered before the COVID-19 pandemic."

Webinar: Proud Innovation 2022, part one: From ideas to innovations; United States Patent and Trademark Office (USPTO), Wednesday, June 15, 2022 3 PM - 4:05 EDT

Proud Innovation 2022, part one: From ideas to innovations 

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Do you have an idea you want to bring to life? Join the United States Patent and Trademark Office (USPTO) to get inspired by successful innovators turning concepts into creations. Register for the free, online Proud Innovation 2022 series, part one: From ideas to innovations.

The Proud Innovation series highlights the accomplishments of LGBTQIA+ innovators, entrepreneurs, and small business owners who are using their intellectual property to promote advancements and serve as mentors.

This page will be updated with speaker biographies as the event approaches.

Agenda

(All times ET)

3-3:05 p.m. Program welcome and overview    

• Sean Wilkerson, Innovation Outreach Program Manager, USPTO 

3:05-3:10 p.m.  Leadership greetings  

3:10-4 p.m.  Panel discussion: How to transform your idea into reality  

Hear how these innovators are using their experiences and inventions to build a better tomorrow:

• Arianna T. Morales, Ph.D., Staff Research Scientist, General Motors R&D Center
• Suma Reddy, Co-Founder and CEO, Future Acres 
• David Taubenheim, Senior Data Scientist, NVIDIA 
• Theodore ‘TJ’ Ronningen, Ph.D., Chair, Out to Innovate; Research Scientist, Ohio State University (moderator)

4-4:05 p.m. Wrap-up and resources   

• Sean Wilkerson, Innovation Outreach Program Manager, USPTO 

Arianna T. Morales, Ph.D., Staff Research Scientist, General Motors R&D Center

Senate Approves Kathi Vidal for Patent and Trademark Office; Bloomberg Law, April 5, 2022

 Samantha Handler, Bloomberg Law; Senate Approves Kathi Vidal for Patent and Trademark Office

"Kathi Vidal, President Joe Biden’s pick to lead the U.S. Patent and Trademark Office, was confirmed by the Senate by voice vote on Tuesday.

Vidal is the second woman to hold the dual roles of under secretary of Commerce for intellectual property and USPTO director. She brings experience as a litigator who’s been on both sides of patent disputes, most recently as managing partner of Winston & Strawn LLP’s Silicon Valley office.

She’s also the first Senate-confirmed director since the U.S. Supreme Court ruled last year in United States v. Arthrex Inc. that the patent office leader has the power to overturn decisions of the Patent Trial and Appeal Board, a tribunal that reviews the validity of issued patents...

With a permanent leader, the PTO could also provide guidance on issues such as patent eligibility under Section 101 of the Patent Act and proposed policy changes on patents essential to industry standards, retired Federal Circuit Judge Kathleen O’Malley told Bloomberg Law in March. 

Additionally, Vidal will have the opportunity to move forward policy to increase the number of women and minority patent attorneys in patent tribunal appearances, and oversee the PTO’s ongoing efforts to increase gender and racial diversity in inventorship."