IP Blog

Latest firm news

AI vs. IP

The U.S. Patent and Trademark Office (“PTO”) recently issued a second request for public comments on the impact of artificial intelligence on intellectual property laws and policies, this time with a focus on copyright and trademark related issues.

Among the questions recently posed by the PTO:

Should a work produced by an AI algorithm or process, without the involvement of a natural person contributing expression to the resulting work, qualify as a work of authorship protectable under U.S. copyright law? Why or why not?;

Would the use of AI in trademark searching impact the registrablity of trademarks? If so, how?; and

Are there any other AI-related issues pertinent to intellectual property rights (other than those related to patent rights) that the USPTO should examine?

You may submit comments in writing through December 16, 2019. The full list of questions is presented in the Request for Comments on Intellectual Property Protection for Artificial Intelligence Innovation, available in the Federal Register here.

The PTO previously issued a Request for Comments on Patenting Artificial Intelligence Inventions, available here, and has extended the deadline to submit comments through November 8, 2019.

Intellectual Property Provisions of the USMCA, after NAFTA

The United States-Mexico-Canada Agreement, which will take effect after being passed into law and signed by each country, is intended to replace the North American Free Trade Agreement, and includes a wide range of provisions. With respect to intellectual property, two notable provisions are Canada’s agreement to increase the term of protection for both copyrights and “biologics” — new pharmaceuticals derived from biological sources. 

read more…

3D Printing Presents New Battleground for Copyright Enforcers

Additive manufacturing, commonly known as 3D Printing, has long been relegated to the manufacturing industry as a method of rapid prototyping. More recently though, advances in technology and enthusiasm from the open-source and do-it-yourself crowds have catapulted 3D Printers into the mainstream. Aiming to make them mass-market items, companies like Makerbot produce desktop-sized printers that can be had for a few thousand dollars. The rise in ubiquity of these machines has also led to a rise in concern over copying and distribution of copyrighted works. Never before has the common consumer been able to so easily replicate such a wide variety of possibly copyrighted designs.

read more…

Antigua & Barbuda Planning to Launch Piracy Platform

The Government of Antigua is preparing to excercise its right to compel treaty obligations after attempts to negotiate the decade long dispute over online gambling have failed. In January, the WTO Dispute Settlement Body voted to allow Antigua to suspend its obligations to the U.S. under the TRIPS Agreement. As a result, the Government of Antigua announced plans to launch a platform to “[exploit] the suspension of American intellectual property rights” according to a recent press release by the government of Antigua.

read more…

No More Monkeying Around

No More Monkeying Around

An entertaining case emerged at the United States Copyright Office recently in regards to a “selfie” taken by a crested black macaque in Indonesia in 2011. British wildlife photographer David J. Slater was on a mission to Indonesia to raise awareness on endangered species via wildlife photography.  While attempting to take an ideal picture of the endangered crested black macaques in their habitat, a female macaque grabbed Slater’s camera and proceeded to take some selfies of herself. One of the images was a highly animated and grinning selfie, which became an instant viral hit.

read more…

Copyrighted literature fundamental in Patent Applications declares the United States Patent and Trademark Office

The United States Patent and Trademark Office (USPTO) has declared that copyrighted materials are crucial to the Patent System and should not be threatened as copyright infringement. These remarks come in at an opportune time as the USPTO sought to intervene in a copyright infringement suit against Defendant McDonnell Boehnen Hubert & Berghoff LLP, whose patent prosecution attorneys have been sued by Plaintiff Publishers for using their copyrighted material in  patent applications.

read more…

Google’s Book-Scanning Deemed Fair Use By Second Circuit

Google has won a major victory in its ten-year legal fight with authors over its Google Library Project, which digitizes and indexes millions of copyrighted books for an online library without consent from the copyright owner. Since 2004, as part of the Google Library Project, Google has scanned, rendered machine-readable, and indexed more than 20 million books, which includes both public domain and copyrighted works, for its Google Books search engine. The search engine allows users to search words or terms that yields a list of all books in the database in which those words or terms appear, as well as the number of times the word or term appears in each book. The search also provides a brief description of each book which gives some basic additional information, such as a list of the words and terms that appear with most frequency in the book. Users are also allowed a limited viewing of the text of the book to see “snippets” of text containing the searched-for terms. The search sometimes provides links to buy the book online and identifies libraries where the book can be located.

read more…