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| News From the Innovation Law Center Innovation Law Teams Prepare for Client Presentations 
This semester ten research reports on intellectual property, governing regulations, and competitive and market landscapes relevant to new technologies are being completed by law and business students under supervision of law and business faculty. At the conclusion, teams present the research to clients. Innovation Law Center The ILC is the designated NYS Science & Technology Law Center. NYSSTLC is funded by the Empire State Development Corp. to provide information and research on legal issues relevant to the technology commercialization process. Research is available to early-stage companies, research centers, economic development agencies, technology transfer offices and researchers throughout New York State. Research on the intellectual property, competitive and market landscapes relevant to a new technology are completed by law and business students under supervision of faculty.
If you are interested in having the ILC complete research, please submit a request here. | | | | | |
| IP / Regulatory Law Watch Ultrainfringing
Syracuse Law professor Shubha Ghosh considers Court mandated image filtering as a remedy when AI generated images may infringe copyrights. Read about how a Chinese court addressed the issue here.
Copyright Office Grapples with AI
Rapid development in AI technology is challenging traditional rules covering copyright registration and protection. Tech and media companies developing AI models seek to train the models with vast amounts of publicly available materials. AI developers claim they are not replicating the copyrighted materials and that the role of the materials to training AI models is fair use. Authors of copyrighted works maintain AI companies cannot use their works without their permission. The Copyright Office is developing guidance in the area after evaluating the thousands of responses it received in response to its August 2023 request for comments. To learn more, see the webpage for the Copyright Office AI Initiative.
HHS Upholds Rejection of March-In Rights Petition Seeking Lower Cancer Drug Pricing
Patients Robert Sachs and Clare Love petitioned the Health and Human Services (HHS) to exercise “march-in authority” and take a license to cancer treatment drug Xtandi developed at UCLA. Read about when “march-in rights” are authorized by the Bayh-Dole Act, why the pharmaceutical industry opposes them, and recent developments in the government’s approach here.
USPTO Joint Study on Non-Fungible Tokens
Earlier this month, the USPTO released the results of their joint study on Intellectual Property Law and policy relating to non-fungible tokens (NFTS). The report to Congress concluded that changing current IP laws will not prevent or end the spreading of unauthorized NFTS, and recommended against changes to IP laws or to the USPTO’s registration and recordation practices at this time. NFTs are defined by the US GAO as a digital certificate of ownership that represents a digital or physical asset. NFT assets rely on blockchain, a decentralized digital ledger that encrypts the data to enhance the security and permanence of transactions.
Patentability of Blockchain: SDNY Raises Subject Matter Eligibility Issues
Innovators utilizing blockchain technologies may face challenges in obtaining patent protection for failure to satisfy the subject matter requirement set forth in patent law section 35 USC §101. A recent decision in the Southern District of New York could have far-reaching consequences for the future of obtaining patent protection for blockchain-based inventions. Read more here. | | | | | |
| Around NY State 
NYC’S Office of Technology and Innovation Advances on its AI Implementation Plan
New York City’s Office of Technology and Innovation (OTI) announced progress on the nation’s first comprehensive AI Action plan. The Artificial Intelligence (AI) Action Plan features processes, guidelines, and policies to provide a model for the responsible and effective use of AI as a tool.
The AI Action Plan proposes a number of key principles including defining terms such as ‘cybersecurity’, ‘trust’, ‘sustainability’, and ‘transparency’ to provide clarity to its enforcement. Providing uniformity in the application of the the AI Action Plan and ideally set a precedent that mirroring cities can rely on in the development of their own AI tools.
Ultimately, NYC city officials aim for the AI Action Plan to outline a total of 37 key actions, in which over 70% are to be either started or completed within the next calendar year.
Another key feature of the AI Action Plan is called “MyCity Business”. This AI bot will be used to provide up-to-date information about codes and regulations, and ways to avoid violations and potential fines. Departments across NYC are optimistic about the AI Action Plan – ranging from the Department of Education to Department of Health and Mental Hygiene to Department of Citywide Administrative Services. | | | | | |
| Upcoming Events Innovation Through Law: Importance of Early-Stage Research
What: A presentation provided by the CNY Biotech Accelerator, Upstate Medical University, and the New York State Science and Technology Law Center
Where: REGISTER HERE
When: May 23, 2024 2-3:30 p.m. EST Trademark Basic Bootcamp, USPTO
What: This bootcamp will feature 5 free modules offered by the USPTO to help provide comprehensive understanding on the process of federal trademark registration for small business owners and entrepreneurs. Where: Virtual. Learn more here.
When: Apr. 2, Apr. 9, Apr. 16, Apr. 23, Apr. 30 Privacy and Emerging Technology Institute and Spring Meeting (ABA Science & Technology Law Center)
What: The ABA Science and Technology Law Section Meeting will cover topics about new privacy and emerging technology.
Where: Bethesda North Marriott Hotel and Conference Center – 5701 Marinelli Road, Rockville, MD 20852. Register here.
When: Apr. 17 – 29, 2024
Do you have an event or schedule you would like to advertise? Contact Karen Scullion at nysstlc@syr.edu to share it in our next monthly newsletter. | | | | | |
| Funding Opportunities From early-stage non-dilutive funding to tax benefits and investment funds, NYS has a number of funding resources for inventors and entrepreneurs. Check out the links below for more information: - Empire State Development
- FuzeHub
- FuzeHub provides NYS manufacturers and tech companies access to an extensive network of industry experts and resources to solve productivity, commercialization, research and development issues. A new round of manufacturing grants opens April 15. See details here.
- Launch NY
- A nonprofit venture development organization, Launch NY provides mentoring and access to risk capital for high-growth startups.
- 43North
- 43North annually invests in startup companies located in Buffalo, NY.
- Pursuit Lending
- Pursuit provides loans and information for small business owners in NY.
- America’s Seed Fund
- The National Science Foundation (NSF) invests in early-stage projects with this fund.
- NYS Investment Entities, Including:
- SBIR/STTR Assistance Program. A NYSTAR funded program to help eligible NYS-based companies hire a qualified SBIR/STTR consultant to help them develop an SBIR/STTR proposal.
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| IP Legal Services Questions or Suggestions: Contact Innovation Review Editor Beatrice Nkansah at nysstlc@syr.edu | | | | | |
