Joint study on intellectual property rights and non-fungible tokens

Joint study on intellectual property rights and non-fungible tokens

The United States Patent and Trademark Office and the U.S. Copyright Office are conducting a joint study to consider intellectual property (IP) law and policy issues associated with non-fungible tokens (NFTs). This study continues the two offices’ ongoing work to explore emerging technologies and their implications for IP rights, and responds to a request from the U.S. Senate’s Subcommittee on Intellectual Property.

To assist in this effort, the offices issued a Federal Register Notice on November 23, 2022 seeking public comment on a range of IP issues and topics associated with NFTs. The offices welcome comments from members of the public on any issues relevant to the subject matter of this study, and are particularly interested in answers to the questions posed in Federal Register Notice. Please submit written responses through the federal e-rulemaking portal, www.regulations.gov, by January 9, 2023.

Participate as a panelist

In addition to the request for comments, the two offices are also seeking panelists for a series of three virtual public roundtables that will take place in January 2023:

  • Roundtable 1:  Patents and NFTs (January 10, 2023)
  • Roundtable 2:  Trademarks and NFTs (January 12, 2023)
  • Roundtable 3:  Copyright and NFTs (January 18, 2023)

The roundtables will focus on IP considerations as they relate to NFTs. Additional information about each roundtable will be posted on the corresponding event pages listed above as it becomes available.

To submit a request to participate as a roundtable panelist for one or more of the roundtables, send an email by December 21, 2022 to NFTStudySpeakingRequests@uspto.gov.

Please include your name, professional affiliation, and contact information, and clearly list at which roundtable(s) you wish to speak.

Watch the roundtables

Register to watch the roundtables: Each roundtable will be held virtually and streamed live the day of the event. Registration links for signing up to watch each roundtable live will be posted on the corresponding event pages listed above at a future date. The roundtables will also be recorded and made available for later viewing.