Joint study on intellectual property rights and non-fungible tokens

In response to a request from the U.S. Senate’s Subcommittee on Intellectual Property, in 2022, the United States Patent and Trademark Office and the U.S. Copyright Office undertook a joint study to consider intellectual property (IP) law and policy issues associated with non-fungible tokens (NFTs). This study continued the two offices’ ongoing work to explore emerging technologies and their implications for IP rights.

To assist in this effort, the offices issued a Federal Register Notice (FRN) on November 23, 2022, seeking public comment on a range of IP issues and topics associated with NFTs. A subsequent FRN, published on December 20, 2022, extended the deadline for submission of comments to February 3, 2023. Written responses that were submitted in response to the FRNs may be accessed through the federal e-rulemaking portal, regulations.gov.

Public roundtables

In addition to the request for comments, the two offices held three public roundtables in January 2023. Each was held virtually and livestreamed. Please see the following links for more information, or to view a recording or transcript of these roundtables:

Roundtable 1: Trademarks and NFTs (January 24, 2023)
Roundtable 2: Patents and NFTs (January 26, 2023)

Report to Congress

A final report to Congress, Non-fungible Tokens and Intellectual Property; A Report to Congress, was released on March 12, 2024.