Table of Contents

Message from the President Rebecca M. McNeill

Message from the Editor

Nominating Committee Report

Announcement of Selection Process for New Committee Cochairs

BIPLA Annual Meeting

Diversity & Inclusion Committee Presentation: “Introduction to Careers in IP Law”

The EPO relaxes its assessment of formal priority entitlement

Why Should I Do an FTO? – Benefits of a Diligent Freedom-To-Operate Search and Best Practices

BIPLA Breakfast with the USPTO and Copyright Office

Member Highlights

Potential Implications of US Copyright Office Determination on AI-Generated Work

List of Officers and Board of Governors

Job Listings

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2023 Ⓒ Boston Intellectual Property Law Association

NEWSLETTER ARCHIVE

Volume 54, Issue 4

BIPLA Breakfast with the USPTO and Copyright Office

By Elora Borkowski, WilmerHale

On an early Tuesday morning, BIPLA members gathered for a visit from the USPTO and Copyright Office in WilmerHale’s Boston office. After members had the pleasure of mingling with other attendees, including international colleagues who were in town for the IPO’s annual meeting, attendees eagerly took their seats, ready to learn about the USPTO’s and Copyright Office’s recent initiatives.

View the full gallery.

President McNeill welcomed Robin Evans, Deputy Commissioner for Patents, and Miriam Lord, Associate Register of Copyrights and Director of Public Information and Education. Associate Register Lord took the stage first to share a bit of background on her role at the Copyright Office, which includes advising the Register of Copyrights on a variety of legal and policy objectives. Deputy Commissioner Evans followed up by sharing that she is one of five who advises the Commissioner of Patents, oversees two Technology Centers, and advises the Office of Patent Training and Office of Patent Stakeholder Experience.

Deputy Commissioner Evans shared the USPTO’s recent initiatives, including “Unleashing America’s Potential,” with a focus on expediting first-time filers’ examinations, offering patent and trademark boot camps, working with the Empowering Women’s Entrepreneurship (WE) initiative, and even providing a welcome letter to applicants after a filing with Director Vidal’s signature in an effort to “demystify” the patent and trademark process. The USPTO also offers the Stakeholder Training on Examination Practice and Procedure (STEPP) program, which is a four-and-a-half-day course that walks participants through patent prosecution with a focus on how Patent Examiners are trained (e.g., the SOaR trainings), LEAP Legal Experience and Advancement Program (LEAP), Council for Inclusive Innovation (CI2), and the Climate Change Mitigation Program for fast track of patent applications that involve climate mitigation technology. Deputy Commissioner Evans ended by reminding attendees that the USPTO is always looking for patent examiners, especially in the electrical engineering space.

Switching gears, Associate Register Lord shared that she, similar to Deputy Commissioner Evans, works with different departments in her role, including different branches of government to advise on what the law is and what it could be. She shared that her office is focused on reaching out to those who might not identify as authors, such as those in the start-up space, and encouraged attendees to read the Women in Copyright report from 2022 while also taking a moment to teach about the Copyright Office’s small claims court (which has handled over 600 small claims to date). Associate Register Lord also shared the ongoing initiatives of her office, including: (1) Copyright for all; (2) impartial expertise; (3) continuous development, including the Modernization Committee led by the Library of Congress to digitize transfer of copyrights; and (4) enhanced use of data (e.g., gathering data points on event attendees to help cater programs to each community, and the recent AI Notice of Inquiry). Associate Register Lord also encouraged attendees to consider applying for the Ringer Fellowship.

Both Deputy Commissioner Evans and Associate Register Lord kindly fielded questions from the audience. Deputy Commissioner Evans highlighted the USPTO’s involvement in IP courses, including patent examination, in Austin, Texas. The BIPLA thanks both Deputy Commissioner Evans and Associate Register Lord for timely and informative talks and encourages members to keep up with the USPTO and Copyright Office on their social media accounts. The BIPLA looks forward to hosting them again!