Non-Fungible Token Study
The United States Copyright Office and the United States Patent and Trademark Office (USPTO) (collectively, the “Offices”) are conducting a joint study as requested by Congress regarding issues of intellectual property law and policy arising from the use of non-fungible tokens (NFTs).
On June 9, 2022, Senators Patrick Leahy and Thom Tillis sent a letter to the Offices requesting that they conduct a joint study addressing various intellectual property law and policy issues associated with NFTs. The letter urged the Offices to “consult with the private sector, drawing from the technological, creative, and academic sectors.”
On November 23, 2022, the Offices issued a Federal Register notice seeking public comments to assist in preparing the study, and announcing public roundtables for patents, trademarks, and copyrights. On December 21, 2022, the Offices issued a second Federal Register notice, extending the time for submitting comments and announcing new dates for the roundtables. The Offices accepted written comments through February 3, 2023.
Three public roundtables occurred as follows:
- Trademarks: Tuesday, January 24, 2023
- Patents: Thursday, January 26, 2023
- Copyright: Tuesday, January 31, 2023
These roundtables were recorded and are available for public viewing.