Intellectual Property Issues Related To Artificial Intelligence: A Deeper Dive Into Patent, Copyright, & Trade Secrets Challenges

Introduction

Artificial Intelligence has revolutionized industries ranging from pharmaceuticals to creative arts, raising profound questions about intellectual property (IP) protection. The intersection of AI and IP law presents challenges in patents, copyrights, trade secrets, and broader policy considerations. This article explores the evolving landscape of AI-related IP, with a focus on patents and copyrights, and examines future considerations such as AI's role in patent law, including whether AI can be deemed a "person of ordinary skill in the art."

Patent Issues in AI

Inventorship and AI-Generated Inventions

One of the most debated questions in AI patent law is whether an AI system can be named as an inventor. Most jurisdictions, including the U.S. Patent and Trademark Office (USPTO) and the European Patent Office (EPO), have ruled that only humans can be inventors. The case Thaler v. Vidal reaffirmed that AI systems, such as the DABUS AI, cannot be