Posts Tagged: "Congress"

Tillis and Coons Introduce Bill to Study Bayh-Dole Reporting Processes

Senators Thom Tillis (R-NC) and Chris Coons (D-DE) have introduced a bill to study the inefficiencies in the reporting system required under the Bayh-Dole Act, with an eye toward streamlining processes. Titled the “Improving Efficiency to Increase Competition Act of 2023,” the bill would direct the Comptroller General of the United States to submit a report to Congress on the impact of the various reporting requirements implemented by different agencies under Bayh-Dole for intellectual property developed by federal grantees.

No AI FRAUD Act Would Create IP Rights to Prevent Voice and Likeness Misappropriation

Today, U.S. Representatives María Elvira Salazar (R-FL) and Madeleine Dean (D-PA) introduced the No Artificial Intelligence Fake Replicas And Unauthorized Duplications (No AI FRAUD) Act of 2024 to create legal mechanisms by which Americans can prevent unauthorized uses of their likenesses and voices by generative AI platforms. The bill seeks to provide for intellectual property (IP) rights in an individual’s voice and likeness as well as remedies including statutory damages and disgorged profits.

The Year Ahead: Where Do We Stand on the USPTO’s ANPRM and the PREVAIL Act?

As we enter 2024, major policy initiatives are pending at the United States Patent and Trademark Office (USPTO) and in Congress aimed at overhauling certain aspects of Patent Trial and Appeal Board (PTAB) practice. These initiatives—the Advance Notice of Proposed Rulemaking (ANPRM) and PREVAIL Act, respectively, are at a critical point, with elections less than a year away. This article discusses the current state of both.

Tillis Demands Answers from Biden on March-In Proposal

Senator Thom Tillis sent a letter today to President Joe Biden asking him to answer three broad questions related to his proposal earlier this month that would allow government agencies considerable discretion in deciding whether and when to “march in” on patents. As we previously reported, the National Institute of Standards & Technology (NIST) and the Department of Commerce published a Federal Register Notice on December 8 seeking comments on a proposed framework for exercising march-in rights under the Bayh-Dole Act that would significantly broaden the criteria for compulsory licensing of patented technology developed with federal funding, particularly with respect to drug pricing.

The Bills to Watch: IP Legislation of 2023 That Will Affect Your 2024

Throughout 2023, a number of legislative initiatives impacting intellectual property rights were introduced in the United States Congress or signed into law by the President. In some instances, these efforts are meant to try and re-balance the various, sometimes competing, interests of the public and the innovators. In other instances, the legislation is aimed at weaponizing the intellectual property right procurement process to reward some and punish others. Various pieces of legislation as well as Executive Directives directed at artificial intelligence also have been introduced at different levels. This piece, however, leaves those AI issues for others to address. Below is a summary of some of the key legislative efforts in 2023 touching on U.S. IP rights.

Greater DOJ Action Needed to Stop Corporate IP Theft

In a laudable effort to curtail rampant corporate IP theft, a bipartisan group of U.S. Senators has called on a hesitant Department of Justice (DOJ) to step up its enforcement. As reported in Forbes, Senators Thom Tillis (R-NC), Chris Coons (D-DE), and Marsha Blackburn (R-TN) recently issued a letter to the DOJ identifying the core gap in its prosecution habits. Their primary complaint was “the DOJ’s focus on individual, as opposed to corporate, offenders.” This is an oversight that must be corrected. 

Why You Should Care About a Federal Right of Publicity

If you’re reading IPWatchdog, you probably have some familiarity with intellectual property rights, such as patents, copyrights and trademarks. However, one distinct type of intellectual property is often left out and misunderstood. It’s called the right of publicity. While publicity rights are often confused with other types of intellectual property or privacy rights, or mistakenly associated only with famous individuals, they are incredibly important, far-reaching, and deserve much more attention.

New March-In Guidelines Threaten U.S. Innovation

One might think that we had enough crises already without creating a new one, but apparently that’s not the case. To much fanfare, the Biden Administration unveiled its long awaited “guidelines” for agency use of the march in rights provision of the Bayh-Dole Act. Ironically, it started this exercise just as it had joined every other administration in dismissing attempts to misuse the statute as a pretext for the government to micro-manage the price of a successfully commercialized government funded invention.

CSIS Panel Highlights Divide on PREVAIL Act Provisions

An event held Monday by the Center for Strategic & International Studies (CSIS), and moderated by former U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu, featured a number of high-profile political and professional figures in the intellectual property space debating approaches to strengthening the U.S. patent system, with an emphasis on national security. Representative Deborah Ross (D-NC), who serves on the U.S. House of Representatives’ Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet, first joined Iancu to discuss her reasons for supporting the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act.

U.S Chamber’s IP Principles Remind Us That the IP Policy Debate Needs a Reset

On September 13, the Global Innovation Policy Center of the U.S. Chamber published its “IP Principles” paper declaring the Chamber’s “Beliefs about Intellectual Property.” It was promptly endorsed and signed by 32 external IP thought leaders, including the heads of nearly all major IP associations and organizations, and individual experts such as a former Director of the U.S. Patent and Trademark Office (USPTO), two retired judges (including myself), and leading IP academics…. In my view, the Chamber was exactly right to call for a “reset” in the policy debate over IP rights.

This Week in Washington IP: Celebrating Hispanic Innovators, Securing the Federal Software Supply Chain, Patent Center Tutorial

This week in Washington IP news, the House and Senate are having a quieter week after the Thanksgiving break, but a House subcommittee delves into the critical software supply chain. Elsewhere, the USPTO celebrates Hispanic innovators, discusses fashion and IP and continues its tutorial series on Patent Center.

Senate IP Subcommittee Mulls PREVAIL Act Proposals for PTAB Reform

The Senate Subcommittee on Intellectual Property held a hearing today featuring witnesses who weighed in on the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act, which was introduced in June by Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL) and Mazie Hirono (D-HI). Today’s was the sixth hearing of the IP Subcommittee this year. The goal of the PREVAIL Act is to reform the Patent Trial and Appeal Board (PTAB) in a number of ways.

This Week in Washington IP: Spurring Green Growth, Learning the Fundamentals of the Patent Application Process, and a Critical Look at Domestic Technology Innovation

This week in Washington IP news, a House subcommittee holds a hearing on advances in deepfake technology. Elsewhere, the Peterson Institute hosts the launch of an OECD report that looks at how governments can spur growth in the green economy, and the USPTO holds a three-day event for newcomers to the patent application process.

My Thirty-Five-Year Perspective on Intellectual Property, and Where We Stand Now

Innovation has been the driving force behind our country since its inception. So much of our nation’s success has flowed from U.S. ingenuity and innovation. Yet much remains to be done on this front. Indeed, in a few short years, we will be celebrating the Semiquincentennial (also called the Sestercentennial)—250 years since the signing of the Declaration of Independence. We need the same approach moving forward, and we have the opportunity to do so with pending legislation, which brings me to a chance to reflect on some important questions of intellectual property and innovation policy.

This Week in Washington IP: IPWatchdog’s Life Sciences Masters, IP Competition with China, and Helping Women Entrepreneurs Protect Their Brand

This week in Washington IP news, Congress returns from its district work period with the House holding several meetings related to IP and innovation. The House Subcommittee on Courts, Intellectual Property, and the Internet holds a hearing on IP competition with China and another subcommittee discusses safeguarding data in the growing AI industry. Elsewhere, IPWatchdog is hosting its Life Sciences Masters™ program in Ashburn, VA, and the U.S. Patent and Trademark Office hosts a panel discussion for its ongoing Women’s Entrepreneurship (WE) program

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