David Kincaid and Michelle Ciotola explore the findings of the latest US Copyright Office report, Copyright and Artificial Intelligence, Part 2: Copyrightability, the legal framework governing AI-generated works, and the potential challenges and opportunities for IP practitioners. Their article, Copyrightability in AI-generated works at the United States Copyright Office, appears in the Trademark Lawyer Magazine.

Michelle Ciotola and David Kincaid co-authored the article, "Exploring the impact of artificial intelligence (AI) in everyday trademark practice before the USPTO," in Issue 3, 2024 of The Trademark Lawyer Magazine.

"Enforcement in the Metaverse," by Michelle Ciotola and David Kincaid in The Trademark Lawyer Magazine's special supplement, NFTs, Cryptocurrency & the Metaverse, published in November 2022. 

"Don't forget the NFTs: IP due diligence for emerging technologies," by Partners Michelle Ciotola and David Kincaid, published in The Trademark Lawyer Magazine, Issue 2, 2022. 

On December 4, 2024, the United States Patent and Trademark Office (“USPTO”) withdrew a proposed rule regarding terminal disclaimer practice to overcome non-statutory double patenting rejections. The proposed rule would have required a patentee to declare that the patent with the terminal disclaimer will be enforceable only if the patent is not tied to and has never been tied to a patent in which any claim has been finally held unpatentable or invalid as anticipated or obvious. Now, the USPTO has withdrawn the proposed rule, citing “resource constraints” as its reason not to move forward. Read more in Cantor Colburn's Client Alert, USPTO Withdraws Proposed Rule Regarding New Terminal Disclaimer Practice.

On July 17, 2024, the United States Patent and Trademark Office (“USPTO”) issued the “2024 Guidance Update on Patent Subject Matter Eligibility, including on Artificial Intelligence” (the “Eligibility Guidance”). 89 F.R. 58128 (July 17, 2024). The Eligibility Guidance aids USPTO personnel, patent practitioners, and patent applicants in evaluating subject matter eligibility of patent claims involving artificial intelligence (AI). The USPTO also issued three new examples for applying the Eligibility Guidance to AI inventions during examination, appeal, and post-grant proceedings. Read Cantor Colburn's Client Alert for more information.

On April 11, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the use of artificial intelligence (AI)-based tools in practice before the USPTO (the “Guidance”). 89 Fed. Reg. 25609 (Apr. 11, 2024). Cantor Colburn’s latest Client Alert, USPTO Guidance on the Use of Artificial Intelligence-Based Tools in Practice Before the USPTO, walks through the latest guidance in depth and provides a summary for practitioners.

David Kincaid, a partner at Cantor Colburn LLP, is a contributing author for the Intellectual Property Owner’s Association's recently published “AI Patenting Handbook,” a white paper on patenting artificial intelligence inventions.

On February 13, 2024, the USPTO issued inventorship guidance for AI-assisted inventions. The guidance provides information to stakeholders, including patent applicants, practitioners, and examiners, regarding determining inventorship for patents or patent applications for inventions created by humans with the assistance of AI systems. In the Guidance, the USPTO suggests five “guiding principles” that are meant to aid stakeholders in determining whether a natural person’s contribution in an AI-assisted invention is significant, in accordance with the factors set forth in Pannu v. Iolab Corp. The Guidance also discusses other issues related to AI-assisted inventions, including practitioners’ duty of candor and good faith, inventor declarations, and assignments. Along with the Guidance, the USPTO published two examples on inventorship specifically for AI-assisted inventions to aid stakeholders with applying the guiding principles. 

Michelle Ciotola and David Kincaid's article, "Blockchain, Cryptocurrency and NFTs: Metaverse Technologies in US Trademark Applications," appears in IPLS Proceedings, a publication of the State Bar of Michigan's IP Section.

"Enforcement in the Metaverse," by Michelle Ciotola and David Kincaid is published in The Trademark Lawyer Magazine's special supplement, NFTs, Cryptology & the Metaverse, November 2022. Michelle chairs the firm's Trademark & Copyright Practice Group and David co-chairs the firm's Artificial Intelligence Practice Group. 

Cantor Colburn Partners Michelle Ciotola and David Kincaid evaluate the expectations for how the USPTO will handle IP due diligence for NFTs - an exciting, if not emerging, technology, in their article, "Don't forget the NFTs: IP due diligence for emerging technologies," published in The Trademark Lawyer Magazine, Issue 2, 2022.  Read it here.

The Intellectual Property Organization (IPO) published the white paper, "Protecting Inventions Relating to Artificial Intelligence: Best Practices," written by members of its Software-Related Inventions Committee and the Artificial Intelligence & New Emerging Technologies Committee. Cantor Colburn partner David Kincaid serves on both committees; he co-chairs Cantor Colburn's Artificial Intelligence Practice Group. 

David Kincaid, Partner and Co-Chair of the firm's AI Practice Group, will be a panelist at the Strafford CLE webinar, “Protecting Artificial Intelligence-Related Inventions: Patent Eligibility, Written Description, Obviousness” on November 14, 2024, with Alexander Korenberg, Partner, Kilburn & Strode.

David Kincaid, Partner and Co-Chair of the firm's AI Practice Group, will be a panelist at the session, “Protecting AI-Related Inventions: Best Practices and Impacts on Life Sciences and Software Related Technologies” on September 19, 2022 at the 2022 Intellectual Property Owners (IPO) Annual Meeting. The conference take place on September 18-20, 2022 in Los Angeles. 

The 2022 Intellectual Property Owners (IPO) Annual Meeting takes place September 18-20, 2022, in Los Angeles. 

The Georgia Intellectual Property Alliance presents the 15th Annual IP Hot Topics Luncheon, "The Future of Autonomous Vehicles & Luxurious Mobility" on May 9, 2019, in Atlanta. 

Cantor Colburn, a Premier Sponsor of the Georgia State University College of Law Intellectual Property Program, is pleased to support The Annual Corporate IP Institute®, presented by the university's College of Law and the J. Mack Robinson College of Business, and the Atlanta Bar Association Intellectual Property Law Section. This collaboration is for the educational benefit of corporations interested in maximizing the value of their intellectual property assets.  The annual two-day annual event is held at the Georgia State University Student Center, October 22-23, 2018.

David Kincaid will attend the Southern Automotive Conference held in Atlanta, Georgia, October 3-5, 2018. 

Cantor Colburn is sponsoring The IP Strategy Summit: Atlanta on April 25, 2018 in Atlanta where Co-Managing Partner Philmore Colburn II will be a featured speaker. 

Cantor Colburn is proud to sponsor the New York Intellectual Property Law Association's 96th Annual Dinner in Honor of the Federal Judiciary on March 23, 2018. The firm is a longtime sponsor of the Judges' Dinner.

Cantor Colburn, a Premier Sponsor of the Georgia State University College of Law Intellectual Property Program, is pleased to support The 11th Annual Corporate IP Institute®.

Cantor Colburn is proud to sponsor the New York Intellectual Property Law Association's 94th Annual Dinner in Honor of the Federal Judiciary on April 1, 2016. The firm is a longtime sponsor of the "Judges' Dinner" event.

Cantor Colburn is pleased to sponsor The Corporate IP Institute®, presented by the Georgia State University College of Law and the J. Mack Robinson College of Business. This collaboration is for the educational benefit of corporations interested in maximizing the value of their intellectual property assets.  The annual two-day annual event is held at the Georgia State University Student Center, on October 27 & 28, 2015.