Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- a press release noting that the “Senate Judiciary Committee approved the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act (S. 2220) by a roll call vote of 11-10″;
- an article considering “what the IP community can expect from a second Trump presidency”; and
- an article discussing a U.S. Patent and Trademark Office internal memo that “banned the use of generative artificial intelligence for any purpose last year.”
The Intellectual Property Owners Association released a press release noting that the “Senate Judiciary Committee approved the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act (S. 2220) by a roll call vote of 11-10.” As explained by IPO, the “bill proposes numerous changes to the procedures for USPTO inter partes review and post grant review proceedings such as creating a standing requirement, imposing limits on joinder, and changing the burden of proof of patent invalidity to clear and convincing evidence.”
W. Karl Renner, Kristi Sawert, Megan Chacon, and Michael Portnov wrote an article for Law.com considering “what the IP community can expect from a second Trump presidency.” In the authors’ opinion, while “President-elect Donald Trump did not make intellectual property (IP) policy a major focus of his 2024 election campaign. . . his policy priorities are nearly certain to have a profound effect on the IP landscape when he takes office in January.” The authors discuss possible changes including “leadership changes at the U.S. Patent and Trademark Office,” “shifts in biopharmaceutical patent policy,” and “regulation of rapidly evolving fields like artificial intelligence.”
Reece Rogers contributed an article to WIRED discussing a U.S. Patent and Trademark Office internal memo that “banned the use of generative artificial intelligence for any purpose last year, citing security concerns with the technology as well as the propensity of some tools to exhibit ‘bias, unpredictability, and malicious behavior.’” According to Rogers, “Paul Fucito, press secretary for the USPTO, clarified to WIRED that employees can use ‘state-of-the-art generative AI models’ at work—but only inside the agency’s internal testing environment.”