As this is my last message as President, I want to take a moment to express my gratitude to our long-time administrator Constance Brennan for their years of service to the Association, as well as introduce you to our new Events & Communications Manager, Spencer E. Jawitz. Spencer comes to us with deep experience in building and maintaining associations, as well as handling events and social media. He has already hit the ground running and we are excited to see how Spencer will continue to apply his skills in his new role.
And, of course, you will have the opportunity to say hello to Spencer and the rest of us soon at our Annual Meeting on December 4, 2024, at the State Room. We are looking forward to hearing from our keynote, Administrative Law Judge Lawrence T. Stanley, Jr. of the TTAB.
As we cap off our centennial year, I am grateful that we have been able to restore some of the community that makes being part of the BIPLA so rewarding. A big part of this is having the opportunity to again catch up with colleagues in person at events like the Symposium, the Celebration of the Judiciary, and next month at Invented Here! and the Annual Meeting. Thank you as always for your energy and support. Please, do not hesitate to reach out with any questions, comments, or concerns. I (and after December 4th, Emily Whelan) can be reached at president@bipla.org.
Joshua Dalton
President, Boston Intellectual Property Law Association
Editor's Notes | Nominating Committee Report | Digital Image Creation Using AI Risks Copyright Infringement |
Welcome to the Fall 2024 Edition of the BIPLA Newsletter. This final newsletter of the year includes highlights from recent events, updates regarding upcoming activities, as well as articles from our colleagues and membership regarding IP-related issues in the US and internationally. We look forward to hopefully seeing much of our membership at the BIPLA Annual Meeting on December 4, 2024. Also, as we approach year-end, we wish the best to all members of the BIPLA community, and look forward to another great year in 2025! | Pursuant to Article VI, Section 1 of the By-Laws of the Boston Intellectual Property Law Association, Inc. (BIPLA), this year’s Nominating Committee, appointed by President Joshua Dalton, and made up of Past Presidents Rebecca McNeill, Keith Toms, and Dan Young, puts forward the following members to constitute the 2024–2025 BIPLA Board of Governors. The nominated members, selected by unanimous decision, are as follows: <<Read More>> | Generative artificial intelligence has radically transformed the world of digital images. Anyone seeking to make a website, a video, or any other visual media can quickly use an AI program to convert their ideas into a new image with help from a few text prompts. The image maker can do so at low cost and without the need to hire a digital artist to create the image. Copyright protection may not be available for the new creation (because a computer and not a human created the image). But the image maker may mistakenly believe that the final AI creation doesn’t infringe others’ copyrights because it’s a new image. This isn’t the case. <<Read More>> |
USPTO to Terminate the After Final Consideration Pilot Program 2.0 | Unified Patent Court - Highlights from the Last Six Months | Recent Events - Ethics Committee Panel on Duty of Candor Before USPTO |
The United States Patent and Trademark Office (USPTO) will terminate the After Final Consideration Pilot Program 2.0 (AFCP 2.0) on December 15, 2024. Due to fiscal reasons and public feedback, the USPTO has decided to terminate this program. The last day to submit a request under this program is December 14, 2024. <<Read More>> | The Unified Patent Court, currently covering 18 European Union member states, has now been in operation for over a year. It is producing a fast-developing body of case law, with interesting points of difference compared to national courts and the European Patent Office. | On October 4, 2024, the Ethics Committee presented a panel on duty of candor before the USPTO in various contexts. Panelists Michael E. McCabe, Jr., of McCabe & Ali, LLP and Anant K. Saraswat of Wolf, Greenfield & Sacks, P.C. offered their perspectives on the topics, followed by discussion among BIPLA members attending. <<Read More>> |
Recent Events - Past Presidents Get Together | Recent Events - ACC-NE & BIPLA Event: IP in the Age of AI | Recent Events - Case Law Committee Meeting |
October saw a gathering of the past presidents of the BIPLA at Society on High in Boston. Lunch and the pleasure of seeing old friends made it a fine occasion. | On September 25, 2024, the BIPLA and the Association of Corporate Counsel (ACC, Northeast Chapter) co-hosted the event "Intellectual Property in the Age of AI: What Do You Own and How Do You Balance Risks?" The event attracted a diverse group of legal professionals and included an engaging panel format with experts from industry and private practice. | The case law committee held a hybrid meeting, in person at Wilmer Hale and via Zoom, on October 22, 2024. Over 30 members attended to discuss recent developments in the judicial doctrine barring obviousness-type double patenting. The meeting focused on apparent tensions between the Federal Circuit’s 2023 In re Cellect decision and the court’s recent MSN v. Allergan case. Thanks to Wilmer Hale for hosting and Asher McGuffin for leading the conversation, as well as all of the members who participated! |