Tag Archives: AI

Like a Tree Falling that No One Hears: AI-generated Disclosures Have the Potential to Block Patentability of Human Ingenuity

The U.S. Patent and Trademark Office continues to seek stakeholder input on AI-generated disclosures and patentability. Earlier this year, USPTO issued a public Request for Comment on the impact of artificial intelligence on prior art, the known understanding of a person of ordinary skill and how this effects patentability, specifically novelty and obviousness of a … Continue Reading

Great Expectations! New EU Design Law to Come into Force Soon  

For many years, it has been possible to obtain registered IP protection for the designs of products that have visual appeal in the Member States of the EU. Separately, this is also the case in the UK. The resulting registered industrial design rights have become a valuable and powerful legal tool in every company’s IP … Continue Reading

Why the Taylor Swift AI Scandal is Pushing Lawmakers to Address Pornographic Deepfakes

Last month, viral AI-generated pornographic pictures of Taylor Swift circulated on X (formerly Twitter), with one post remaining for 17 hours and receiving more than 45 million views, 24,000 reposts, and hundreds of thousands of likes before the verified account was suspended for violating platform policy. The images, allegedly created using a company’s text-to-image tool … Continue Reading

Japan’s Flexible Approach to AI and Copyright Supports AI Development

SPB’s Joe Grasser and Scott Warren recently examined the current state of Japan’s copyright laws as they relate to Artificial Intelligence (AI). As they explain, Japan has taken a very flexible approach to help “jump start” AI development in the country. Given the potential impact that this law could have on AI development, we wanted … Continue Reading

AI Art Registration Denied – The Copyright Review Board Tells Applicant To Gogh Home

Last Fall in this space, we discussed the U.S. Copyright Office’s AI Initiative launched in early 2023. Among other things, the Initiative’s portal compiles registration decisions for AI-generated materials. Particularly instructive is a December 11, 2023 decision by the Copyright Review Board affirming the denial of registration to an AI-generated artwork. As detailed below, when … Continue Reading

UK Supreme Court rules on AI and Patent Applications

In a much anticipated judgment, the UK Supreme Court delivered on 20 December 2023 its ruling in the case of Thaler v Comptroller-General of Patents, Designs and Trade Marks (Thaler (Appellant) v Comptroller-General of Patents, Designs and Trademarks (Respondent) – The Supreme Court) on whether an artificial intelligence (AI) system can be named as the … Continue Reading

A Proposed Likeness Law Paves the Way for a New Federal Right of Action

In the age of generative AI, it is easier than ever to make an unauthorized AI replica of our favorite celebrities. Using AI algorithms, deepfake technology can create authentic-looking, fictional reproductions, making it quite difficult to spot the difference between a real and a fake. Many of us see AI generated songs and recordings on … Continue Reading

How Artificial Intelligence is Changing the Game of Professional Sports

We previously reported that artificial intelligence (“AI”) is changing the landscape of all aspects of our modern economy. The world of professional sports is no exception. Emerging technologies are transforming the games we know and love. From player recruitment to athlete recovery, AI’s integration into sports is opening doors for optimized performance and real-time risk … Continue Reading

Federal Policymakers: Chasing the Runaway AI Train

The U.S. is generally viewed as “behind” in its regulation of AI compared to the European Union and Asian countries. Yet ChatGPT’s release triggered a tsunami of U.S. legislation in 2023 from federal and state legislators seeking to address perceived concerns with the emerging and fast evolving technology. State legislatures have introduced nearly 200 AI … Continue Reading

The Year of AI Continues: U.S. Copyright Office Wants Your Thoughts on the Potential Regulatory Framework for AI

2023 has been a watershed year for AI with its entry into the broader public consciousness. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the U.S. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised … Continue Reading

EU AI Act Proposal and Regulation of Financial Services

The EU is at the forefront of the commitment to regulate Artificial Intelligence (AI) technology to ensure better conditions for the development and use of this innovative technology. In 2020, the European Commission published a white paper on AI and stated therein the urgency to address the challenges of complexity, unpredictability, and autonomous behaviour of certain … Continue Reading

Automating Entertainment: Writers Demand that Studios Not Use AI

When the Writers Guild of America (WGA) came with their list of demands in the strike that has already grinded production on many shows to a halt, chief among them was that the studios agree not to use artificial intelligence to write scripts. Specifically, the Guild had two asks: First, they said that “literary material,” … Continue Reading

Ghostwriter in the Machine: Copyright Implications for AI-Generated Imitations

A track called “Heart on My Sleeve” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. The pantomimed artist was Drake, no stranger to thirsty pining, backed by R&B artist The Weeknd. The song, however, was credited to Ghostwriter977, the alias of an … Continue Reading

Human vs AI Analysis of USPTO Updates – How Does Bard Fare?

Generative Artificial Intelligence is a type of artificial intelligence (AI) that can generate a wide range of content types in response to user prompts. Examples of such content can include text, images, audio and video content, etc. There has been pervasive use of Generative AI over the past few months, to create essays, works of … Continue Reading

DABUS Denied: Only Natural Persons can be Named as Inventors on US Patents

The question of who, or rather what, can be an inventor has taken a front-row seat as use of Artificial Intelligence (AI) becomes increasingly prominent in research and innovation. On April 22, 2020, the United States Patent and Trademark Office (USPTO) issued a decision stating that inventorship under U.S. patent law is limited to natural … Continue Reading

Artificial Intelligence Inventor Asks If ‘WHO’ Can Be an Inventor Is the Wrong Question?

Recently a group out of the University of Surrey provided a new challenge to the definition of inventor, asking “who what may be an inventor on a patent?” The group has created an artificial intelligence (AI) named DABUS. Using a first system of networks to generate new ideas, and second system of networks to determine consequences, … Continue Reading

New Artificial Intelligence Advisory Body in England and Wales – Bringing the Modern World to the Judiciary

Lord Burnett of Maldon, the current Lord Chief Justice, has set up a new Advisory Body with the aim of ensuring that the Judiciary of England and Wales is fully informed about developments in artificial intelligence (AI). In setting up the group, Lord Burnett recognised the importance of AI in today’s modern world, and the potential … Continue Reading

The Malicious Use Of AI – Why Those “Black Mirror” Scenarios May Be Closer Than We Think

Developments in artificial intelligence (AI) are proving hugely beneficial for society, both at a commercial and individual level (e.g. face recognition and medical diagnostic technology, route mappers for navigation, robotic pets, cleaners and industrial robots). However, with the advancement of such technology, and the increasing integration of AI into our everyday lives, comes the potential … Continue Reading
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