Artificial intelligence is rapidly changing the landscape of intellectual property law, raising important questions about how we protect, manage, and leverage AI-driven innovations.
Partner John Spangenberger and Associate Amanda Cardona recently presented and facilitated small group discussions with the INBLF NextGen cohort, an international group of attorneys representing the next generation of legal leaders within INBLF.
Here are five key takeaways from our exploration of AI’s impact on IP and legal practice:
Who owns AI-generated content?
The question of who owns AI-generated content is increasingly complex. AI creations may not qualify for traditional IP protections like patents or copyright unless a human has significantly contributed to the creation.
AI as an Inventor?
AI cannot be listed as an inventor under patent law. Unless a human contributes significantly to the conception of a new invention, patent protection may not be available for the invention.
AI Patents
While AI systems themselves can be patented, the invention—like any other software-based invention—will be subject to a rigorous patent-eligibility evaluation. Purely abstract ideas that utilize AI are unlikely to be patentable.
AI’s Role in Legal Practice
As AI tools advance, attorneys will need to integrate them into their work to stay competitive. These tools can streamline tasks like large-scale document review, patent drafting, and IP-portfolio management. However, they are not yet refined enough to replace human judgment and they still struggle with nuanced tasks such as explaining drawings and adapting to specific drafting styles.
IP Implications of AI
As the legal and regulatory framework surrounding AI and IP continues to evolve, companies using AI-driven innovations must stay vigilant about how to protect their AI-driven innovations and keep their confidential information secure. Understanding the limits and opportunities for using AI tools and protecting AI-related innovation is critical.
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