IP Law Daily, STRATEGIC PERSPECTIVES: AI-human collaboration examined in new article by Vinson and Elkins IP team, (May 2, 2023)
Law Firms Mentioned:Vinson & Elkins LLP
Organizations Mentioned:Vinson & Elkins, LLP
By WK Editorial Staff
Recent developments in copyright and patent law raise more questions than answers.
An article appearing in The Licensing Journal by Vinson and Elkins intellectual property attorneys Eric Klein, Parker Hancock and Briana Falcon examines whether creative works and useful inventions developed in collaboration with artificial intelligence tools are entitled to copyright and patent protection.
Where AI systems allegedly work alone, the USPTO and Copyright Office agree that their work product is neither copyrightable nor patentable for lack of a human creator. However, it remains unclear whether inventions and creative works are entitled to protection where humans and AI work collaboratively. Drawing on recent Copyright Office actions, the authors advise that “AI tools should be limited in their application to valuable creative works to ensure at least some valuable portion retains copyright protection.” Patent applicants must name a human inventor and “be prepared to explain why any AI tool used in the invention’s development did not contribute to the conception of the invention.”
The article, “Your New AI Coworker: How Working with AI Raises New Patent and Copyright Challenges,” appears in The Licensing Journal, Vol. 43, No. 4, April 2023.
Attorneys: Eric Klein, Parker Hancock and Briana Falcon (Vinson & Elkins LLP).
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