We have had a wonderfully busy fall. The highlight, of course, has been the triumphant return of in person events, with the
Annual Celebration in Honor of the Judiciary and Invented Here! After years of lockdowns and COVID restrictions, it has been amazing to see so many of you in person again.
These signature events remind us that one of the BPLA’s core purposes is to foster a connection among the people and institutions that make up the intellectual property community. When we gather together to honor the contributions of judges and innovators, we forge connections with the judiciary, the innovation community, and each other.
In another event about connection, the Law School committee also recently hosted its Making Connections event. This event introduces law students to the BPLA and IP practitioner community. It is a special event for the students because, for many, it is their first exposure the diversity of careers available in intellectual property law. It is also an important event for the BPLA, as it is our opportunity to make a first impression on the attorneys who will, hopefully, be the future of our Association.
Participating in the Making Connections event, however, underscored the importance of the initiative to change our name to the Boston Intellectual Property Law Association. It was apparent that many of the students had misperceptions about our organization stemming from the BPLA name. Afterwards, several students expressed their support for the name change, and many confided their reservations about attending a patent law association event, even when there was a panel expressly about non-patent careers in IP. This echoes what Professor Karol wrote earlier this year, that, in his experience working with law students, the BPLA name “pushes away many future layers (and potential members) interested in the non-patent IP fields.”
Frankly, we cannot afford to push potential members away. Our membership has decreased significantly since COVID. While I am hopeful that we will see a rebound as things edge toward normal, I have deep concerns that changes in the profession, including how and where we work, could have a long term impact for bar association participation. Embracing the entire intellectual property community is essential for the BPLA to remain a vibrant, effective, and relevant bar association. And, besides, pushing any intellectual property practitioner away is simply incompatible with our mission of building connections.
The vote on the name change will take place at our Annual Meeting, which is coming up on December 7, 2022. I encourage you all to attend, especially since we are lucky to have Arthur Daemmrich from Smithsonian Institution as our keynote speaker. Arthur will be providing a fascinating historical perspective on why different innovation centers and industries have grown up in different locations.
If you are not able to attend, however, remember to cast your proxy vote for the name change. You can access the form to cast your vote here.
Keith Toms
BPLA President
Editor's Notes | EU-US Data Transfers: New Executive Order Enhances Protections, But Will It Suffice? | U.S. Federal Circuit: Artificial Intelligence Machine Is Not An Inventor |
In this quarter’s newsletter, we explore new executive orders regarding EU-US data transfers and the Federal Circuit’s decision on whether AI is an inventor. From the BPLA subcommittees, the Invented Here! Committee recognized this year’s Honorees at the 12th Annual Invented Here!, which celebrated 20 patents represented by inventors, company managers, patent attorneys, and others. We also look back at our welcomed return to a live event for our Annual Celebration of the Judiciary. The newsletter also features a letter from past BPLA presidents urging members to follow the Board’s recommendation and vote in favor of renaming our organization the Boston Intellectual Property Law Association. |
The EO attempts to address the European Court of Justice’s Schrems II decision, which complicated data transfers from the European Union to the United States because of concerns over US government surveillance activities. In part, the EO offers enhanced protections for personal data collected through intelligence activities and implements new safeguards for the collection of personal data. The goal of these new protections is to enable the European Commission to restore a straightforward data transfer mechanism eliminating the uncertainty many organizations face when exporting data to the United States.
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AI technology is widely applied as a tool in different technical areas, such as machine learning, image processing, and speech recognition. More complex AI technology can create new products or processes with little or no human help. If an AI system can independently create something new, can it be designated as an inventor? Dr. Stephen Thaler raised this issue systematically in many jurisdictions, including the United States. The Federal Circuit finally settled this issue—affirming decisions of the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia that an AI system cannot be an inventor.
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BPLA’s 2022 Invented Here! Event Recap | Diversity Event at Boston College Law School | Letter of Past Presidents Supporting Name Change |
The Boston Patent Law Association (BPLA) recognized this year’s Honorees at the 12th Annual Invented Here! celebratory event that took place on Wednesday, November 9, 2022, at the Exchange Conference Center in Boston’s Seaport District. The BPLA’s Invented Here! Committee received over 40 patent nominations this year, covering a wide range of sciences and technologies. Among the nominations, 20 were selected as Honorees to represent our innovation community. <<Read More>> | The event was organized by Diversity & Inclusion Committee co-chairs Mary Lou Wakimura of Hamilton Brook Smith & Reynolds and Anant Saraswat of Wolf Greenfield along with David Olson, Associate Professor of Law at Boston College Law school and co-chair of the BPLA Law School Committee. | We believe that changing our name to the Boston Intellectual Property Law Association is an important step in furthering our mission. Our Association has long embraced all forms of intellectual property, so it is in our best interest to have a name that reflects the scope of our mission and is inclusive of all who practice in the field of intellectual property law. <<Read More>> |