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. Comments may be submitted on through January 9, 2023. The Federal Register also announced three public roundtables to occur as follows:

  • Patents: Tuesday, January 10, 2023
  • Trademarks: Thursday, January 12, 2023
  • Copyright: Wednesday, January 18, 2023

Members of the public interested in participating as a panelist in one or more roundtable sessions may submit a request to do so via email to [email protected]. This request must include their name, professional affiliation, and contact information and designate the roundtable(s) at which they wish to speak. Requests must be received by December 21, 2022. Requests to participate as a panelist at a roundtable made in any other form, including as part of comments submitted via, will not be considered. If email submission is not feasible, please contact the Offices using the contact information in the Federal Register notice to receive special instructions. The submission of written comments in response to this notice is not a prerequisite to participate as a panelist in a roundtable.

Please note that the Offices will review all requests to participate and will endeavor to invite participants representing diverse viewpoints on the subject matter to be discussed at each roundtable. The Offices may not be able to accommodate all requests.

These sessions will be viewable by members of the public. To observe the roundtables live, registration is required, and a registration page will be available closer to the roundtable date. The roundtables will also be recorded, with the recordings made available for public viewing.