With all the buzz surrounding artificial intelligence, common questions keep being asked: what can be protected? And, if I use AI to come up with something new, can I protect the intellectual property? The answers to these questions are complex, but we have some guidance from U.S. Patent & Trademark Office (USTPO). The USPTO has updated its Manual of Patent Examining Procedure to provide inventors and attorneys guidance on what is eligible for protection.
The USPTO has also published information about current technologies and their impact on copyrighted works and is conducting a study regarding copyright issues raised by AI. Based on public information through December of 2023, the office will evaluate areas for potential congressional action. This article examines two areas that are not always mutually exclusive: inventions and works of authorship.
