USPTO and Copyright Office Deliver Comprehensive Report on NFTs and Intellectual Property to Congress

In 2022, at the behest of the U.S. Senate’s Subcommittee on Intellectual Property, the United States Patent and Trademark Office (USPTO) and the U.S. Copyright Office initiated a collaborative study focused on intellectual property (IP) considerations surrounding non-fungible tokens (NFTs). This effort reflects the agencies’ ongoing commitment to understanding emerging technologies and their impact on IP rights.

To gather diverse perspectives, the USPTO and Copyright Office issued a Federal Register Notice (FRN) on November 23, 2022, inviting public comment on a broad spectrum of IP issues associated with NFTs. Recognizing the complexity of the topic, a subsequent FRN published on December 20, 2022, extended the deadline for submissions to February 3, 2023.

All written responses received through this public comment process are accessible via the federal e-rulemaking portal at regulations.gov, ensuring transparency and public availability of stakeholder input.

Complementing the written submissions, the two offices convened three public roundtables in January 2023. These sessions were conducted virtually and livestreamed, providing an interactive forum for discussion and further insight into the multifaceted IP challenges NFTs present.

Recordings and transcripts of these roundtables remain available for review, offering valuable resources for policymakers, practitioners, and the public interested in the intersection of NFTs and IP law.

The culmination of this comprehensive inquiry is the final report titled "Non-fungible Tokens and Intellectual Property; A Report to Congress," released on March 12, 2024. This document synthesizes the findings from public input and expert discussions to inform legislative and regulatory considerations.

This joint study underscores the federal government’s proactive approach to addressing the evolving landscape of digital assets and their legal implications, particularly as NFTs continue to gain prominence across various industries.

Stakeholders and observers are encouraged to consult the report and related materials to better understand the current state of IP law as it relates to NFTs and to anticipate potential future developments in this dynamic area.