INTA Comments on IP Protection for Artificial Intelligence Innovation

With the rise in the use of AI in the practice of law, INTA established a subcommittee within the Emerging Issues Committee to consider AI’s impact on trademark practice and on brand owners. In October 2019, the Subcommittee produced two reports. “Report on the Use of AI by IP Registries” provides a global view of the trend with a focus on selected jurisdictions. “Artificial Intelligence (AI) and the Future of Brands” looks at the impact of AI on product selection and the role of trademark for consumers.

Drawing on these reports, INTA filed comments with the United States Patent and Trademark Office (USPTO) in January in Response to “The Request for Comments on Intellectual Property (IP) Protection for Artificial Intelligence (AI) Innovation”. INTA’s comments were limited to the Office’s inquiry about trademarks. In the comments, the Association noted that the use of AI by IP registries is gaining prevalence.

The Subcommittee’s work continues to explore the possibilities that AI may provide in the prosecution and registration of trademarks and how AI may affect infringement theories. INTA is developing its position on the various issues posed by AI, and looks forward to working with the USPTO as it develops its own policies and procedures in applying AI to the registration process.

INTA’s Washington, D.C., Representative Office represents the Association’s 2,361 members in North America. Working in collaboration with staff at INTA’s headquarters in New York City, the Washington, D.C, Representative Office leads the Association’s policy, membership, marketing, and communications initiatives in Canada and the United States. To learn more about INTA’s activities in the region, please contact INTA Director of Government Relations Jennifer McDowell at [email protected].

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