Intellectual Property

Generative AI is not an extinction-level event for patent prosecutors. It’s a force multiplier — an amplifier of legal analysis, not a replacement for it. If anything, it will allow practitioners to spend more time doing what clients value the most.

Can a sale that does not actually expose the to-be-patented invention to the public destroy the novelty of that invention? The answer to this question, which is often somewhat surprising to inventors and business owners, is “yes” — there are certain circumstances in which even a nonpublic, secret sale can trigger the novelty bar.

As electronic discovery continues to evolve, pharmaceutical and technology companies — particularly those navigating the complexities of patent litigation — face a rapidly changing technological landscape that is increasingly influenced by AI tools.

The world’s largest music label, Universal Music Group, has announced it reached a settlement with artificial intelligence music platform Udio in a copyright infringement suit — a decision that attorneys specializing in AI, intellectual property and entertainment law say may prove precedential down the line as artists in both the entertainment and publishing industries continue to navigate the question of fair use in pending litigation against AI firms.

The patent world is at a moment of change. A tremendous amount of thought, financial investment, and political capital is being devoted to transforming patents into assets that are central to the economy, international trade, and national defense. The incentives for obtaining and aggressively monetizing patents are increasing. In contrast, defending a patent litigation is becoming more difficult and the stakes are higher. Companies that take steps now to navigate these changes may be rewarded with significant competitive advantages.

AI-assisted artwork poses a simple question: When can an artist using AI tools copyright their work? Early this year, the Copyright Office addressed this issue and rejected the proposition that only prompting an AI model can create a copyrightable work. But their analysis missed that “randomness” for a computer means something entirely different than we generally think, ultimately underselling the amount of control someone can have over the model’s output.

The stress of IP infringement matters resides on both sides of the fence: whether you find a competitor infringing upon your ideas, or your company finds itself being accused of doing the infringing. In this Point/Counterpoint series of articles, we outline the appropriate steps to take if you spot your innovation in your competitor’s booth across the hall. This article’s focus — Point: What can you do if your competitor is using your IP at a tradeshow?

The stress of IP infringement matters resides on both sides of the fence: whether you find a competitor infringing upon your ideas, or your company finds itself being accused of doing the infringing. In this Point/Counterpoint series of articles, we outline the appropriate steps to take if you spot your innovation in your competitor’s booth across the hall. This article’s focus — Counterpoint: What can you do if your competitor is using your IP at a tradeshow?