Intellectual Property

The Trump Administration is considering multiple proposals to raise revenue from patent holders, including direct assessments on patent holders, changes to the existing patent fee schedule, and potentially a new mechanism for sharing profits from university-owned patents obtained through federal research funds. 

Patent Tax

First, Commerce Secretary Howard Lutnick is reportedly considering assessing a charge…

Continue Reading Commerce Department and U.S. Patent and Trademark Office Exploring a Patent Tax and Patent Fee Changes

On July 10, 2025, the AI Office published the final version of the Code of Practice for General-Purpose AI Models (the “Code”).  The Code is a voluntary compliance tool designed to help companies comply with the AI Act obligations for providers of general-purpose AI (“GPAI”) models.  The AI Office and the AI Board will now assess the Code and may approve it via an adequacy decision.  Once approved, the European Commission is expected to formally adopt the Code via an implementing act.

The Code details how providers of GPAI models may comply with their obligations under the AI Act.  It comprises three chapters, each covering different aspects of AI Act compliance: (i) transparency, (ii) copyright, and (iii) safety and security.  The first two chapters apply to all providers of GPAI models, while the third addresses obligations for providers of GPAI models with systemic risk.  By adhering to the Code, signatories agree to implement their AI practices in accordance with the commitments contained in the Code.Continue Reading AI Office Publishes Final Version of the Code of Practice for General-Purpose AI Models

Today the White House released an executive summary of the policy reviews President Trump ordered in his America First Trade Policy (AFTP) memorandum, issued on January 20.  Although the full report to the President is nonpublic, according to the executive summary it contains twenty-four chapters, organized into three main pillars: (1) Addressing Unfair and Unbalanced Trade, (2) Economic and Trade Relations with the People’s Republic of China, and (3) Additional Economic Security measures, which includes reviews of export control programs, outbound investment, and other national security policies.

Several of these reviews directly affect the technology industry broadly.  Although the executive summary contains little specific policy detail on these key issues, it does provide an overview of the Administration’s findings and next steps:Continue Reading Agencies Deliver America First Trade Policy Recommendations to White House

Since taking office, President Trump has issued dozens of executive orders, many addressing key technology policy areas that include international trade and investment, artificial intelligence (AI),  connected vehicles and drones, and trade controls.  Some of these executive actions reverse the previous administration’s efforts on these issues—such as the order revoking President Biden’s October 2023 executive order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence—and others initiate a formal review process, suggesting the Trump Administration will preserve, and perhaps strengthen or enhance, key tech policies implemented by the Biden Administration and the first Trump term.  

Several of the executive actions President Trump has taken so far offer important opportunities for stakeholders to weigh in with Executive Branch agencies as they consider next steps, including whether to revoke, expand, or retain tech policies initiated under President Biden. Key initiatives include: Continue Reading Flurry of Trump Administration Executive Orders Shakes Up Tech Policy, Creates Industry Opportunities

In case you missed it before the holidays: on 17 December 2024, the UK Government published a consultation on “Copyright and Artificial Intelligence” in which it examines proposals to change the UK’s copyright framework in light of the growth of the artificial intelligence (“AI”) sector.   

The Government sets out the following core objectives for a new copyright and AI framework:

  • Support right holders’ control of their content and, specifically, their ability to be remunerated when AI developers use that content, such as via licensing regimes;
  • Support the development of world-leading AI models in the UK, including by facilitating AI developers’ ability to access and use large volumes of online content to train their models; and
  • Promote greater trust between the creative and AI sectors (and among consumers) by introducing transparency requirements on AI developers about the works they are using to train AI models, and potentially requiring AI-generated outputs to be labelled.

In this post, we consider some of the most noteworthy aspects of the Government’s proposal.Continue Reading UK Government Proposes Copyright & AI Reform  

Practice and Procedure

The ITC’s Recent Sua Sponte Use of 100-Day Expedited Adjudication Procedure

Over the last few years, the International Trade Commission (“ITC” or “Commission”) has developed procedural mechanisms geared toward identifying potentially dispositive issues for early disposition in its investigations. These procedures are meant to give respondents an opportunity to litigate a dispositive issue before committing the resources necessary to litigate an entire Section 337 investigation.

In 2018, the ITC adopted 19 C.F.R. § 210.10(b)(3), which provides that “[t]he Commission may order the administrative law judge to issue an initial determination within 100 days of institution . . . ruling on a potentially dispositive issue as set forth in the notice of investigation.” Although the ITC denies the majority of requests by respondents to use this procedural mechanism, the ITC has ordered its ALJs to use this program in a handful of investigations to decide, among other things, whether the asserted patents claim patent-eligible subject matter, whether a complainant has standing to sue, whether a complainant can prove economic domestic industry, and whether claim or issue preclusion applies.Continue Reading Section 337 Developments at the U.S. International Trade Commission

Kathi Vidal was sworn in as the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (“USPTO”) on April 13, 2022. In the months since then, she has begun to make a significant mark on the agency, particularly at the Patent Trial and Appeal Board (“PTAB”). Highlights…

Continue Reading Director Kathi Vidal Charged Into Her New Director Role Last Year

            On April 28, 2022, Covington convened experts across our practice groups for the Covington Robotics Forum, which explored recent developments and forecasts relevant to industries affected by robotics.  Winslow Taub, Partner in Covington’s Technology Transactions Practice Group, and Jennifer Plitsch, Chair of Covington’s Government Contracts Practice Group, discussed the robotics issues presented in private…

Continue Reading Robotics Spotlight: Dealmaking in the Robotics Space

In Penhallurick v MD5 Ltd [2021] EWHC 293 (IPEC) the Court held that the copyright in various literary works relating to software Mr. Penhallurick created during his tenure with former employer MD5 belonged to MD5. The Court found that the works were created in the course of Mr. Penhallurick’s employment with the result that MD5 was deemed the owner of the works (under the Copyright, Designs and Patents Act 1988), despite the fact that some of the work was done from Mr. Penhallurick’s home, outside normal office hours and using his own computer.
Continue Reading UK Court Rules on Copyright over Software Developed Whilst Working at Home