This Week in Washington IP: Potential Impacts of the Copyright Claims Board, Developments in AI Tech and the USPTO’s Inaugural AI/ET Partnership Meeting

This week in Washington IP news, subcommittee hearings at the U.S. House of Representatives will explore the leading role that Michigan has taken in addressing cybersecurity risks in state and local governments, as well as ways to promote data privacy despite the growth of biometric tracking systems. Elsewhere, the Hudson Institute takes a closer look at the background and potential impacts of small claims for copyright infringement filed at the recently established Copyright Claims Board, while the U.S. Patent and Trademark Office hosts the inaugural meeting of the Artificial Intelligence and Emerging Technologies Partnership Series. 

Tuesday, June 28

U.S. Patent and Trademark Office

Learn How Examiners Approach 35 U.S.C. § 103 Examining Evidence

At 9:00 AM on Tuesday, online video webinar.

This workshop, the third in the USPTO’s virtual Instructor-Led Training (vILT) series, is designed to teach patent applicants about the examiner practices and procedures for making determinations of obviousness issues under Section 103. Topics covered in this workshop include case law examples related to the U.S. Supreme Court’s landmark obviousness decision in KSR v. Teleflex, the preponderance of evidence standard and examples of how examiners consider evidence on obviousness.

Information Technology and Innovation Foundation

How 5G Can Spur Climate Tech Innovation

At 10:00 AM on Tuesday, online video webinar.

The coming generation of 5G wireless networking technologies will enable data connectivity on a new order of magnitude, both in terms of the number of devices that will be able to connect to 5G networks as well as the data download speeds supportable by such networks. Some tech developers are looking at the potential for 5G networks to promote healthier climates by improving the energy efficiency of autonomous vehicles as well as facilitating smart manufacturing and agricultural systems for creating less pollution and waste. This event will feature a discussion on 5G’s potential benefits for climate tech with a panel including Palak Agarwal, Data Scientist, US Ignite; John Hunter, Senior Director of Technology and Engineering Policy, T-Mobile; Joe Kane, Director, Broadband and Spectrum Policy; Grace Koh, Head of Office and Vice President, Government Affairs, North America, Nokia; Bourhan Yassin, CEO, Rainforest Corporation; and moderated by Stefan Koester, Senior Policy Analyst, Center for Clean Energy Innovation.

House Subcommittee on Intelligence & Counterterrorism

Combating Ransomware: From Our Small Towns in Michigan to DC

At 11:00 AM on Tuesday in MSU Federal Credit Union, 3777 West Rd., East Lansing, MI.

The state of Michigan has taken a leading role in developing effective cybersecurity solutions for critical state and local government IT systems. In 2013, then-Governor Rick Snyder established the Michigan Cyber Civilian Corps (MiC3), which enlists the services of cybersecurity experts to fortify IT systems and respond to cyber incidents affecting state, local, tribal and territorial (SLTT) governments throughout the state. In D.C., Senator Gary Peters (D-MI) introduced the Strengthening American Cybersecurity Act into the U.S. Senate this February, which would require both civilian federal agencies and critical infrastructure companies to report cyber attacks and ransomware payments to the Cybersecurity and Infrastructure Security Act (CISA). The first panel at this hearing will include Iranga Kahangama, Assistant Secretary for Cyber, Infrastructure, Risk and Resilience, Office of Strategy, Policy and Plans, U.S. Department of Homeland Security; and Matt Hartman, Deputy Executive Assistant Director for Cybersecurity, CISA, U.S. Department of Homeland Security. The second panel at this hearing will include James C. Ellis, Detective First Lieutenant and Cyber Section Commander, Michigan Cyber Command Center, Michigan State Police; and Laura Clark, Chief Information Officer, Michigan Department of Technology, Management & Budget, State of Michigan.

U.S. Patent and Trademark Office

Agents and Attorneys: Professional Responsibility and Practice Before the USPTO

At 1:00 PM on Tuesday, online video webinar.

This workshop, led by the USPTO’s Office of Enrollment and Discipline (OED), will focus on the agency’s expectations for professional responsibility on the part of registered patent agents and attorneys prosecuting patents at the USPTO. Topics covered during this workshop will include OED regulations governing patent practitioners as well as scenarios from court cases and disciplinary proceedings.

U.S. Patent and Trademark Office 

The Hand of History – The Mind of the Inventor Session 4: Toys, Umbrellas, and More

At 3:00 PM on Tuesday, online video webinar.

On Tuesday afternoon, the USPTO will host the fourth webinar in the agency’s Hand of History – Mind of the Inventor series taking place throughout June to highlight major inventions from the first half of the 21st Century and the role that patents played in commercializing those technologies. This session will focus on the career of Beulah Louise Henry, also known as Lady Edison, who was responsible for a wide array of innovations in toys, umbrellas and many other consumer goods that either were commonplace or are still so today. This workshop will feature a discussion with Rebekah Oakes, Social Media Manager, USPTO; and Adam Bisno, Historian, USPTO.

Wednesday, June 29 

Information Technology and Innovation Foundation

Center for Data Innovation 

What Will Be The Impact of the UK’s Online Safety Bill on Encryption and Anonymity Online?

At 9:00 AM on Wednesday, online video webinar.

This April, the UK Parliament issued a call for public comments on the current draft of the Online Safety Bill, which if enacted would create new obligations on social media companies and other Internet platforms operating in the country to improve the safety of Internet users. While supporters tout provisions in the bill that are designed to keep harmful content from reaching Internet users of all ages, critics have pointed to issues that the bill would cause in encrypted communications and the anonymity of Internet users. This event will feature a discussion on the Online Safety Bill with a panel including Sam Dumitriu, Research Director, The Entrepreneurs Network; Mallory Knodel, Chief Technology Officer, Center for Democracy and Technology; Kate Jones, Associate Fellow, International Law Programme at Chatham House; and moderated by Kir Nuthi, Senior Policy Analyst, Center for Data Innovation.

House Subcommittee on Investigations and Oversight

Privacy in the Age of Biometrics

At 11:00 AM on Wednesday, online video webinar.

Biometrics, or technological systems that are able to detect a person’s identity through facial recognition, iris scanning or other methods that track physical characteristics, have grown to be very useful for controlling access to critical information technology systems or for surveilling individuals for law enforcement purposes. Earlier this month, Senator Roger Wicker (R-MS) and Representatives Cathy McMorris Rodgers (R-WA) and Frank Pallone (D-MA) introduced draft legislation entitled the American Data Privacy and Protection Act, which in part would limit the amount of biometric data that companies are able to share with each other for commercial purposes. The witness panel for this hearing will include Candice Wright, Director, Science, Technology Assessment, and Analytics, U.S. Government Accountability Office; Dr. Charles H. Romine, Director, Information Technology Laboratory, National Institute of Standards and Technology; and Dr. Arun Ross, Professor, John and Eva Cillag Endowed Chair in Science and Engineering, Michigan State University, and Site Director, Center for Identification Technology Research.

U.S. Patent and Trademark Office 

AI/ET Partnership Series #1: Kickoff – USPTO AI/ET Activities and Patent Policy

At 1:00 PM on Wednesday, online video webinar.

On Wednesday afternoon, the USPTO will host the inaugural meeting of the Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series, which will explore many patent policy issues including subject matter eligibility, inventorship and disclosure practice. Speakers at this event include Ryan Abbott, Professor of Law and Health Sciences, University of Surrey School of Law; Mary Critharis, Chief Policy Officer and the Director for International Affairs, USPTO; Randall Davis, Professor of Computer Science and Electrical Engineering, Massachusetts Institute of Technology; Charles Duan, Senior Policy Fellow, American University College of Law; Andrew I. Faile, Acting Commissioner for Patents, USPTO; Lian Huang, Senior Patent Counsel, Genentech; Thomas Krause, Deputy General Counsel for Intellectual Property Law and Solicitor, USPTO; Steven Lundberg, Principal and Chief Innovation Officer, Schwegman Lundberg, Woessner; Jerry Ma, Director of Emerging Technology, USPTO; Adam Mossoff, Law Professor, Antonin Scalia Law School, George Mason University; Nalini Mummalaneni, Legal Advisor, Office of Patent Legal Administration, USPTO; John Osha, Founding Partner, Osha Bergman Watanabe and Burton LLP; Nicholas A. Pairolero, Economist, Office of the Chief Economist, USPTO; Lynne Parker, Director of the National AI Initiative Office, White House Office of Science and Technology Policy (OSTP); Joshua Sarnoff, Professor of Law, DePaul University College of Law; Laura Sheridan, Senior Patent Counsel, Google; Matthew Sked, Senior Legal Advisor, Office of Patent Legal Administration, USPTO; Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of USPTO; andLaura Zager, Director, IP Counsel for Software and Artificial Intelligence, Thermo Fisher Scientific.

Thursday, June 30 

Hudson Institute 

What the New Copyright Claims Board Means for Creators

At 12:00 PM on Thursday, online video webinar.

Established by passage of the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020, the Copyright Claims Board (CCB) is a newly created alternative venue for adjudicating small claims of copyright infringement up to $30,000 in damages for a single case. While the CCB provides a cheaper alternative to U.S. district court for determining infringement claims, criticisms have been lobbed at the voluntary nature of the tribunal and the ease with which alleged infringers can opt out of proceedings at the CCB. This event will feature a discussion on the legislative background and functions of the CCB with a panel including Maya Burchette, Attorney-Advisor, CCB, U.S. Copyright Office; Terrica Carrington, Vice President, Legal Policy and Copyright Counsel, Copyright Alliance; Michael Klipper, Partner, Law Office of Michael R. Klipper; and moderated by Devline Hartline, Legal Fellow, Forum for Intellectual Property, Hudson Institute.

U.S. Patent and Trademark Office 

Learn About the Future of PTAB Hearings

At 12:00 PM on Thursday, online video webinar.

This webinar, the latest in the USPTO’s Patent Trial and Appeal Board (PTAB) Boardside Chat series, will feature a discussion on plans to resume in-person hearings at the PTAB as well as tips from administrative patent judges (APJs) on how to successfully argue on behalf of a client before the PTAB. Speakers at this event will include Christopher Kaiser, Lead APJ; Erica Swift, Chief Clerk, PTAB; Grace Obermann, APJ; Scott Daniels, APJ; and Garth Baer, APJ.

Center for Strategic & International Studies

National Security and Artificial Intelligence: Global Trends and Challenges

At 4:00 PM on Thursday at CSIS Headquarters, 1616 Rhode Island Ave., NW, Washington, DC 20036.

At the same time that technological developments are advancing the current state of artificial intelligence (AI) technologies, policymakers in D.C. and elsewhere have been debating rules and frameworks for governance of AI technologies to limit programmer biases and other potential negative impacts of AI. This event will feature a discussion on the development of governance norms and how such rules can be developed without impacting AI innovation with a panel including Paul “PJ” Maykish, Senior Director of Research and Analysis for Future Technology Platforms, Special Competitive Studies Project; David Spirk, Former Chief Data Officer, U.S. Department of Defense; Neil Serebryany, CEO, CalypsoAI; Margaret Palmieri, Deputy Chief Digital and AI Officer, U.S. Department of Defense; Yevgenia “Jane” Pinelis, Chief, AI Assurance, U.S. Department of Defense; and moderated by Jake Harrington, Intelligence Fellow, International Security Program, CSIS.

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