How AI is Changing IP Law
As Artificial Intelligence (AI) continues to transform industries across the board, it’s also challenging traditional concepts of innovation, authorship and ownership – which means significant impacts on intellectual property (IP) law.
The legal field is having to shift from a sole focus on creation by human inventors to a hybrid of human and machine collaboration. As a result, the Garden State’s IP law professionals are having to navigate complex copyright infringement cases never seen before, while businesses are learning how to fully protect their intellectual property within the ever-changing world of AI.
“AI is all the rage, and IP law is no exception,” says Kevin M. Kocun, managing partner for Lerner David LLP, an intellectual property firm. “We’ve seen a large uptick in the number of our clients and prospective clients that make use of AI in their everyday business. We’re starting to see more and more responses from clients and others that are clearly prepared using AI – some of this is good, and some is not so good.”
Although the use of AI has significantly streamlined and automated processes like patent searches and drafting or trademark monitoring ad infringement detection, Kocun notes that the jury is still out on how it could potentially impact aspects of IP law such as authorship and inventorship. “We are particularly concerned about how confidential and/or privileged information is going to be treated when AI is involved,” he says. “We are very careful in our own practice to ensure that these protections are not negatively impacted.”
Of course, there are also countless ways that AI is making positive impacts across all industries, and innovation and intellectual property are no exception.
“It’s clear that AI is bringing innovation front and center – we’re seeing an uptick in the development of inventions, designs, and coding, etc. because of the ease of use AI can bring,” Kocun says. “Much like it will be a tool to better our everyday IP work, we anticipate AI will do the same for those developing intellectual property. Innovation is likely going to benefit from the use of AI, and we expect a significant increase in the need for IP protection.”
Nicholas A. Duston, member and chair of the AI committee for Norris McLaughlin, P.A., agrees that AI has been impacting IP law for quite some time and in several different ways. Perhaps most notable is how copyright ownership is impacted by the use of AI in creation.
He says that this has caused the courts to take on new and novel issues of copyright protection and ownership. “It will also impact how contracts are drafted regarding the use of AI in the creation of works, and who owns the results,” he adds.