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White House Executive Order on AI Punts on IP Issues

Intellectual Property Law Blog

The White House Executive Order on AI (“EO”) is comprehensive and covers a wide range of topics. One of the topics which raises many legal issues, particularly with generative AI (“genAI”), is intellectual property. We provided a summary here. It addresses many of the risks and problems that can arise with AI.

IP 262
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WHITE PAPER | Key Patent Developments of 2023

JD Supra Law

The topics of the key cases included procedure in inter partes review proceedings before the Patent Trial and Appellate Board, the enablement requirement, the calculation of patent term adjustments, the public use bar and the prosecution laches. In a noteworthy year for patent law, the U.S. Supreme Court and the U.S.

Patent 70
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Copyright Office Guidance on AI

Intellectual Property Law Blog

Copyright Office (“Office”) has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology.

Copyright 246
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What is the Trademark Public Advisory Committee (TPAC)?

Erik K Pelton

There are nine members in TPAC, who serve three-year terms on a rotating basis. A topic that I’m always watching closely is IT: what upgrades users can expect to the outdated online systems that we use so frequently and the challenges that the USPTO has dealt with in trying to upgrade and modernize those.

Trademark 147
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The Importance of Semantic Search Capabilities for Life Sciences Orgs

Velocity of Content

Semantic enrichment is the ingredient behind getting relevant search results even if they don’t use the same terminology as the query. It also knows “orphan drug” and “rare disease” are associated, though different terms are used. Google recognizes that “drug approval” relates to “government regulations.”

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Trademark protection for colors: T-Mobile Magenta

Erik K Pelton

Non-traditional trademarks are some of the most interesting and fun topics to discuss in the world of brand protection. The brown color used by UPS is a registered trademark. Of course, this does not mean that these brands have exclusive right to use that color in all different ways. I want to focus on color trademarks.

Trademark 130
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Federal Circuit Rules on Inventor-as-Lexicographer Definitions and the Proper Scope of Reply and Sur-Reply Briefing Following Patent Owner Responses to IPR Institution Decisions

Intellectual Property Law Blog

The Board granted institution without construing any claim terms, as neither party had raised any claim construction issues. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed. The Federal Circuit also engaged in a fact-specific obviousness inquiry regarding capacitor elements disclosed in the prior art.

Inventor 130