Prosecution Pointer 305

The U.S. Copyright Office recently released a report on the human authorship requirement for materials to qualify for copyright protection.

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.

The Board dismissed this petition for cancellation of Roman Atwood's registration for the mark SMILE MORE for various goods (stickers, backpacks, shirts) and for retail store service featuring clothing, denying petitioner's claim that the term fails to function as a mark.

There was a significant ruling in the Doe v. Github case involving training of AI code generator models on open source. The United States Court of Appeals for The Ninth Circuit affirmed the district court ruling dismissing part of an action brought under the Digital Millennium Copyright Act (“DMCA”) by programmers against GitHub, Inc., and other defendants. The issues centered on whether defendants removed copyright management information (CMI) from content used to train the AI code generator models.

On Oct. 7, 2026, at 18:00 UTC, the Internet Corporation for Assigned Names and Numbers (ICANN) will publish every new generic top-level domain (gTLD) application proceeding in the 2026 new gTLD Round, including who applied...

Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.

In recent video game news, gaming giant Nintendo filed and settled a lawsuit against the developers of the popular Nintendo Switch emulator, Yuzu.

The USPTO has released its latest economic impact report on IP-intensive industries, announced a new community engagement office in North Carolina, and issued several administrative updates including relief for Japanese applicants affected by a severe earthquake. The Patent Trial and Appeal Board has also designated new precedential and informative decisions addressing obviousness-type double patenting and Markush groupings.

The U.S. government has filed a Statement of Interest of the United States of America under 28 U.S.C. § 517 in the Southern District of New York multidistrict litigation over OpenAI’s use of copyrighted works to train large language models. The filing appears to be the federal government’s first direct intervention in the wave of artificial intelligence (AI) training copyright cases, and it advises the court to treat model training (separate from use of AI to generate outputs) on copyrighted text standing alone as a highly transformative fair use under current law.

Bristol-Myers Squibb and Ono Pharmaceutical have filed a patent infringement lawsuit against Amgen over its proposed nivolumab biosimilar ABP 206, asserting seven patents related to OPDIVO. The complaint follows earlier inter partes review challenges and patent dance negotiations that narrowed the dispute to specific claims covering the antibody sequence, cancer treatment methods, and dosing regimens.

The U.S. Department of Commerce's Bureau of Industry and Security issued guidance on May 31, 2026, clarifying licensing requirements for advanced computing items and AI technologies. The guidance maintains export restrictions for entities in certain countries while providing limited relief for data center operators, though questions remain about future regulatory direction. Companies must now strengthen their compliance programs and supply-chain due diligence as BIS continues to prioritize national security

On May 27, 2026, the Superior Court of California held that subdivision (a) of California Penal Code § 638.51 does not apply to software on commercial websites. Plaintiff Brian Blaker sued Defendant NetScout, Inc., alleging the Defendant had violated § 638.51 of the California Invasion of Privacy Act by implementing a software development kit (SDK) on its website.

Recent EU and UK court decisions have reshaped the landscape of data protection compliance, clarifying critical boundaries around consent, data subject rights, cybersecurity obligations, and children's privacy. These rulings demonstrate that organizations must move beyond formal compliance to embed proportionality, accountability, and risk-based decision-making into their data processing activities, even when disclosures are legally required or supported by valid legal bases.

In Novartis Pharmaceuticals Corporation v. Torrent Pharma Inc., No. 2023-2218 (Fed. Cir. Jan. 10, 2025), the Federal Circuit reversed the district court's determination...

The Trademark Trial and Appeal Board's precedential decision in In re Everwise Credit Union examines whether a credit union's use of its mark constituted bona fide commercial use or merely token use designed to reserve trademark rights. The case centers on whether Everwise Credit Union had actually used its mark in commerce by the deadline to file its Statement of Use, or whether the mark's appearance on its website was simply a placeholder for a future rebrand that occurred two months later.

A Massachusetts district court grants a joint motion to stay proceedings while the parties conduct venue discovery and brief a motion to dismiss or transfer in a patent infringement case between Advanced Surgical Concepts Limited and Intuitive Surgical, Inc. The order establishes specific parameters for discovery scope and briefing schedule before other case deadlines resume.

WIPO provides a list of those States bound by the Paris Convention but not the PCT here.

The USPTO recently extended the After Final Consideration Pilot (AFCP) 2.0 to September 30, 2024. AFCP 2.0 is part of the USPTO's ongoing effort toward compact prosecution...

The Federal Circuit vacated a preliminary injunction in a patent infringement case involving electrical outlet cover products, finding that the district court made critical errors in its claim construction analysis. The appellate court determined that the lower court improperly imposed unsupported limitations on key patent terms and incorrectly applied a presumption of irreparable harm.

On February 5, 2024, the USPTO will retire the Electronic Patent Assignment System (EPAS) and the Electronic Trademark Assignment System (ETAS).