This Week in Washington IP: Budget Hearings, Problems Posed by AI, and Government Use of Section 1498 for Private Patent Infringement

Washington DC Capitol dome detail with waving american flagThis week in Washington IP news, the Senate and House are back in session and holding a variety of hearings on departments’ 2024 budget requests, including for the Department of Commerce and the National Science Foundation (NSF). Elsewhere, the Council for Innovation Promotion (C4IP) is holding a webinar on proper use of Section 1498 (a) of the U.S. Code; and the United States Patent and Trademark Office (USPTO) is hosting regional events in Central Virginia and Silicon Valley to promote resources available to prospective innovators and entrepreneurs.

Monday, April 17

The Council for Innovation Promotion (C4IP)

Does Section 1498 Really Allow the Government to Ignore Patent Protections?

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

C4IP was founded in 2022 with the intention of countering anti-IP narratives and is headed by former vice president of U.S. policy at the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC), Frank Cullen, with a Board of Directors including IP stars like former USPTO Directors Andrei Iancu and David Kappos, as well as Retired U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Kathleen O’Malley and Retired CAFC Chief Judge Paul Michel. On Monday afternoon, C4IP will host a webinar to clarify the U.S. government’s power to use Section 1498(a) of the U.S. Code to direct companies to infringe on drug patents, following the Department of Justice’s recent Statement of Interest on the subject.

Tuesday, April 18


Will SCOTUS Take a Second Arthrex Challenge?

At noon on Tuesday, online video webinar

On Tuesday, join  Robert Kry, Partner at MoloLamken LLP (who represented Arthrex in the case), Joseph Matal, Partner in the Intellectual Property Practice Group at Haynes and Boone, LLP (who previously “performed the duties and functions” of the Director at the USPTO), and Gene Quinn, President & CEO of IPWatchdog, Inc. for a discussion of Arthrex’s petition for a review by the Supreme Court for a second time in the company’s patent case against Polaris. The panel will tackle the fundamentals underpinning the case, which relates to which (if any) of the USPTO Director’s functions and duties are delegable.

House Subcommittee on Commerce, Justice, Science, and Related Agencies

Budget Hearing – Fiscal Year 2024 Request for the Department of Commerce

At 1:30 PM on Tuesday, H-309 CAPITOL and online livestream

On Tuesday, this subcommittee will discuss the Department of Commerce’s funding request for 2024. The Department of Commerce has said that the proposed $12.3 billion in discretionary funding and $4 billion in mandatory funding will help the department achieve its mission of making the United States more competitive. “In addition to building on the critical investments in the Internet for All and climate resiliency programs, included in the Bipartisan Infrastructure Law and Inflation Reduction Act, these investments will bolster manufacturing and supply chains, create more good-paying jobs, and revitalize communities across the country,” said U.S. Secretary of Commerce Gina Raimondo.

Senate Subcommittee on Interior, Environment, and Related Agencies

A Review of the President’s Fiscal Year 2024 Funding Request for the National Aeronautics and Space Administration and for the National Science Foundation

At 2:30 PM, Dirksen Senate Office Building 192 and online livestream

On Tuesday, this subcommittee will hold a hearing on the 2024 funding requests for NASA and the NSF. In a statement, the NSF Director said, “[the] budget request of $11.314 billion will fund research and education across all fields of science, technology, engineering and mathematics.” The NSF’s budget request also includes money to implement the CHIPS and Science Act of 2022.

Wednesday, April 19

United States Copyright Office

Literary Works, Including Software Listening Session

At 1:00 PM on Wednesday, virtual event

On Wednesday, the USCO is kicking off its four-part Spring 2023 AI listening sessions with a panel discussion of the impact of artificial intelligence on literary works. Over two sessions, attendees will hear from a variety of artists, members of creative industries, AI developers, researchers, and interest groups. The goal of the listening sessions is to discuss the “hopes, concerns, and questions about generative AI and copyright law.” 

United States Patent and Trademark Office

Entrepreneur Support Network of Charlottesville

At 4:45 PM on Wednesday, online livestream

On Wednesday, the USPTO is holding a virtual roundtable event for the Central Virginia business community to help innovators realize their goals. The event will be hosted in collaboration with the Central Virginia Small Business Development Center, Charlottesville Business Innovation Council, Venture Central, and CvilleBioHub. Attendees will hear from leaders of each group about their mission statement and what resources they offer to the community.

Thursday, April 20

New America

Higher Education and Generative AI: Evolving Lessons from the Field

At 2:00 PM on Thursday, online livestream

On Thursday, experts from the Public Interest Technology University Network will tackle the problems posed by generative AI to education. The panelists will turn to history and computer science to discuss what action is needed to take on the current moment. The panelists are Meredith Broussard, Research Director at NYU Alliance for Public Interest Technology, Todd Richmond, Director of Pardee RAND Tech + Narrative Lab, and Vanessa Parli, Associate Director of Research Programs at Stanford University Human-Centered Artificial Intelligence.

Saturday, April 22

United States Patent and Trademark Office

Successful Inventing: Product development

At 10:00 AM on Saturday, USPTO, Silicon Valley Regional Office, or online livestream

On Saturday, the Silicon Valley office of the USPTO will talk about product development with the Licensing Executives Society – Silicon Valley Chapter (LES-SVC). This is the fifth session of the Successful Inventing Series, and the hosts will focus on the importance of product development to making a competitive business.

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Author: izanbar


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Join the Discussion

One comment so far.

  • [Avatar for Anon]
    April 17, 2023 04:47 pm

    I certainly hope that that Arthrex panel does MORE than, “will tackle the fundamentals underpinning the case, which relates to which (if any) of the USPTO Director’s functions and duties are delegable.

    The issue at point is NOT duties delegable.
    The issue at point is that the Executive Branch purposefully abused an Act of Congress and did not provide for proper authority to the person merely “performing the duties of” while NOT taking on the legislative timing controls of an ACTING person performing the duties of…

    The Federal Circuit’s decision vis a vis the Federal Vacancies Reform Act (FVRA) is clearly wrong. The Ends do not justify the Means.