AI Summit_Sept. 13 2024

May 14, 2024

Submitted by Online Submission Procedure The Honorable Katherine K. Vidal Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office P.O. Box 1450 Alexandria, VA 22313-1450 RE:

Request for Comments: Inventorship Guidance for AI-Assisted Inventions (Docket No. 2023-18624)

Dear Under Secretary Vidal: We are writing to express the views of the American Bar Association’s (the “Association”) Section of Intellectual Property Law (the “Section”) in response to the request for comments in responding to the U.S. Patent and Trademark Office (the “(“Office”) February 13, 2024’s Request for Comments (“RFC”) concerning the Office’s Inventorship Guidance for AI-Assisted Inventions, 89 Fed. Reg. 10043 (Feb. 13, 2024) (the “ (“Guidance”) prompted by Executive Order 14110, 88 Fed. Reg. 75191 (pub. Nov. 1, 2023) (“EO”), which calls at section 5.2(c)(ii) for “additional guidance . . . to address considerations at the intersection of AI and IP” (88 Fed. Reg. at 75207).”). The views expressed herein have not been reviewed or approved by the House of Delegates or the Board of Governors of the American Bar Association and, accordingly, should not be construed as representing the policy of the American Bar Association. These comments do not represent the policy or views of any government employee who is a member of the Section, its Council, or its Interest Groups. The Section participated in two prior requests by the Office for comments concerning AI that are relevant to the Office’s inquiry: (1) the U.S. Patent & Trademark Office’s requests for comments on Intellectual Property Protection for Artificial Intelligence Innovation, 84 Fed. Reg. 44889 (August 27, 2019) and 84 Fed. Reg. 58141 (October 30, 2019) (respectively, Nov. 8, 2019 “USPTO AI Patent Comments” and Jan. 9, 2020 “USPTO AI IP Comments”). The Section also submitted comments in response to the U.S. Copyright Office’s Notice of Inquiry”); and Request for (2) the World Intellectual Property Organization’s request for comments on its Draft Issues Paper on Intellectual Property Policy and Artificial Intelligence, WIPO/IP/AI/2/GE/20/1 (December 13, 2019) (“WIPO Comments on AI and Copyright, 88 Fed. Reg. 59942 (Aug. 29, 2023) (Oct. 30, 2023 “USCO AI Copyright Comments”).

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