2023 Annual Meeting November 2023

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This year's Annual Meeting saw over 1,400 IP practitioners from around the world gather for three days of CLE and networking. #aiplaAM23 boasted a diverse lineup of engaging sessions, interactive discussions, and numerous networking opportunities. Our program explored the latest developments, emerging trends, and critical issues shaping the IP world, from ethical implications of Artificial Intelligence in research and development, to discussions on trademarks and the First Amendment, Standard Essential Patents licensing, PTAB, Section 101, transformative fair use following the recent Warhol v. Goldsmith decision, and more!

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President's Message - Ann M. Mueting – Annual Meeting 2023

Ann M. Mueting

I am honored, and a bit overwhelmed, to take my turn as your next President. How could I not be after 30 years associating with some of the finest, smartest, and most dedicated professionals with whom I have had the honor to associate, and to call friends?

I am excited to follow in the footsteps of my predecessors. Brian Batzli has been one of those leaders who helped bring us out of the Covid pandemic and has done a fantastic job. Brian the Bold (in contrast to my husband, Brian the Bald) always laughs and manages to bring out the best in everyone, even when leading us in addressing very serious IP issues and getting us to recall the benefit of meeting in person to share and grow closer. I look forward to continuing to work with Brian the Bold as Immediate Past President by my side, as well as Kim Van Voorhis, Sal Anastasi, and Matt Wagner on the Executive Committee and the very talented members of the Board of Directors.

While I’m reminded that I am not alone, I have to thank my firm and my family, who have been instrumental in helping me achieve this honorable position. I want to also thank my husband, Brian Stanton, a former government policy expert, who reminds me to eat, is my greatest ally, stalwart advocate, and soul mate.

I am excited to take up the mantle of AIPLA’s Strategic Plan entitled FAME, which focuses on:

(1) Foundational or organizational structure of our many committees and staff, who together make it all happen;

(2) Advocacy, which is and has been for many years a strength of AIPLA – just look at our new Quarterly Policy Memo that highlights recent Advocacy efforts (I was surprised to see how much has been done this past quarter);

(3) Membership and Community – which I will come back to; and

(4) Education, which, like Advocacy, is and has been for many years another strength of AIPLA – just take a look at the programming at the Annual Meeting, the online programs, the boot camps, and the committee education sessions.

I intend to continue to advance what has been started in all the prongs of FAME, particularly the Membership and Community prong.…because it is about all of us who share our passion for innovation, our talents as IP practitioners, and our humanity as a community who can make a difference.

I am eager to work with all the AIPLA members, to focus on activities that help us support each other, learn from each other, and create a strong sense of community. I intend to listen to every one of our members about their concerns, their worries, and, perhaps most of all, to engage all of them in finding ways forward and ways to address the challenges we face. I intend to listen to new perspectives and ideas as I do my small part to pave a path to the future – all with a sense of fun.

Why fun? Because if it’s fun, then it isn’t work! What qualifies me to make sure fun is factored into what we do? In my family, I am known as the Fun Aunt!

It starts with the people, our members. I want to promote opportunities to make a greater impact in the lives of all our members – whether a new member or a seasoned veteran.

I want to make it a priority to reach out to and listen to all our members - our patent, trademark, copyright, and trade secret practitioners, our corporate and academic representatives, and the community that represent grassroots innovators and small businesses.

I want to develop mechanisms to hear from and engage, not just our committee leaders and members, but the next generation, to listen to their challenges, their concerns, and, perhaps most importantly, to inspire them to direct their creativity to help shape the future of AIPLA.

I want to support our committees who are reaching out to members of our profession who have not previously formed large groups within our community – such as the Membership Committee, who is reaching out to students through the Law School LINK program, or the Women in IP Law Committee, who is kicking off a Paralegal Subcommittee at the Annual Meeting.

I want to encourage our committees and staff to continue to reach out to other organizations with which we have common goals, such as IPO, ABA-IPL, the National Association of Patent Practitioners (NAPP), among others, and further develop collaborations.

I want to encourage our committees and staff to continue to reach out to both government and non-government organizations such as the USPTO, the Copyright office, the WTO, and WIPO, to foster dialogue and to work towards AIPLA having a meaningful role early, before issues arise … so AIPLA can be part of finding a solution.

I will seek to encourage our committees and staff to be proactive and help AIPLA shape approaches to issues and challenges as they are forming – whether that means greater participation in brainstorming, early-stage dialogue with US government agencies, or tackling issues raised by global organizations.

And, perhaps, most importantly, I want to find new ways to make our Association fun . . . for when you are blessed by the chance to do what you love, and work with people who you respect, you never have to work a day in your life.

So, as I take my turn at watch of our Association . . .

Let’s have FUN!

Let’s make a difference!

Ann – Your caretaker of the President’s chair.

A Fireside Chat with USPTO Commissioner for Patents Vaishali Udupa

The 2023 Annual Meeting kicked off with a fireside chat between Outgoing President Brian Batzli and the US Patent and Trademark Office's Commissioner for Patents, Vaishali Udupa, who assumed her role in January 2023.

Udupa – whose journey to become the Commissioner began when she was in college and interviewed with the USPTO but due to her Canadian citizenship at the time could not immediately get a job there – reflected on her year so far and the goals of the Office.

Udupa’s top priorities include reducing application pendency, improving the routing of applications to examiners, implementing IT modernization projects, focusing on employee well-being post-pandemic, and promoting DEI initiatives.

She discussed the use of artificial intelligence (AI) in classification process and the challenges of training AI models. She noted the USPTO's recently launched virtual assistant on its website to enhance user-friendliness, which uses AI to gather information and answer user queries. Udupa addressed the decommissioning of EFS web and Private PAIR, addressing backup plans for Patent Center to avoid disruptions.

The Commissioner expressed her gratitude for serving in this role and thanked AIPLA for our continued collaboration and feedback saying, "I think you guys do a fantastic job...we are so grateful for the relationship the USPTO has with AIPLA."

USPTO Director Kathi Vidal Gives a Keynote Address at the Annual Meeting

The Honorable Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the US Patent and Trademark Office, gave the Friday Keynote luncheon address, where she highlighted not only new and ongoing USPTO initiatives, but underscored the important relationship that AIPLA has with the Office.

Noting her recent travels around the country to promote innovation, Vidal spoke of a woman she met who overcame homelessness by innovating in her work as a hotel maid. Through the programs supported by the USPTO, the individual ultimately obtained three patents and established a thriving company. Vidal emphasized her goal of empowering more people like this woman in the innovation space, especially other women, youth, and traditionally underrepresented groups. Vidal implored the audience to identify societal needs and contribute to filling those gaps through innovation and pro bono efforts.

She gave an update on recent USPTO actions and issues under consideration, including improving the Office’s processes, engaging with librarians around the country to increase USPTO visibility and resources availability, addressing robust and reliable patents, mentioning a rulemaking on PTAB Director review, considering guidance for inventors and AI, improving trademark processing, DOCX, Section 101 legislation, and more. Vidal continued to encourage stakeholder feedback saying, "we recognize that we benefit from continuous feedback."

Vidal closed by acknowledging the value of AIPLA's contributions noting, "everything that you have done, all the comments you have provided, are extremely helpful.” In closing, she encouraged members to reach out to director@uspto.gov with any inquiries or concerns.

Attendees Learn How to Run a Successful and Ethical Law Practice

The Ethics Plenary this year, moderated by Elise Selinger of Caterpillar, Inc., featured Emil Ali of McCabe Ali, LLP and Jared Correia of Red Cave Law Firm Consulting. The discussion centered around key considerations for the ethical and successful practice of law.

They emphasized that choosing the appropriate legal structure is essential, considering ethical implications and long-term goals, along with tax implications and partnership objectives.

Additionally, they strongly encouraged participants to take a systematic approach to conflicts of interest checks and considerations, rather than relying solely on memory. Ali noted that while you may not have 100% level of confidence every time, you need to have a "reasonable assurance" that you are catching conflicts most of the time.

They noted that effective risk management involves securing data during technology upgrades, conducting security audits, understanding technology and not simply outsourcing it, and obtaining insurance against cyber threats.

On marketing, they encouraged adherence to traditional practices while remaining mindful of differences between state law and USPTO guidelines, cautioning the use of pitches like “I'm the best patent attorney" or "I guarantee I will get you a patent on your invention." Clear communication was emphasized as an integral part of risk management, both with clients and within the firm.

Considering remote work, they highlighted the need to address jurisdictional requirements, tax implications, and ensure compliance with state and federal laws. To enhance operations, law firms were encouraged to adopt customer-relations management (CRM) systems and efficient workflow programs.

AM23 Photos

2023 Annual Meeting Photos

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