Posts Tagged: "artificial intelligence"

What Are the Risks of Generative AI for the Patent Law Profession?

For many legal professionals, artificial intelligence platforms are being adopted at a speed that they think is imprudent. Well-respected patent and intellectual property thought leaders have been very open about their concerns on this point. From client confidentiality to patentability, risks posed by the use of generative AI systems must be eliminated by AI companies themselves before they partner with the patent law profession.

Vidal Clarifies Application of Existing USPTO Professional Conduct Rules to AI

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal has released a guidance memorandum for the Trademark and Patent Trial and Appeal Boards (TTAB and PTAB) on the misuse of artificial intelligence (AI) tools before the Boards that largely clarifies the application of existing rules to AI submissions. The announcement is a precursor to a coming Federal Register Notice that will provide additional guidance on the use of AI tools for the public and other USPTO departments. The guidance document suggests that part of its impetus was Supreme Court Chief Justice John Roberts’ recent year-end report, which acknowledged both the benefits and dangers of AI in the context of the legal profession.

Battle Between Newspaper Giant and Generative AI Boils Down to Definition of Fair Use

The training of artificial intelligence models using copyrighted material continues to stir debate and prompt litigation. In the latest salvo, the New York Times Company sued Microsoft and OpenAI – the creator of ChatGPT – for infringement under the federal Copyright Act. As often is the case with claims like these, the merits will center on the fair-use doctrine, a well-recognized legal principle in copyright law that aims to balance the interests of copyright holders with the public benefit of free speech and creative works. Fair use is a defense to a claim of copyright infringement that must be affirmatively invoked by the accused infringer.

Where Trade Secrets and Data Privacy Strategies Overlap

Innovation continues across industries at a rapid pace. Many companies maintain highly valuable trade secrets and private data that provide them with a competitive market advantage. The rapidly evolving technological landscape, however, leads to new and more sophisticated threats to a company’s trade secrets and other private information. Whether organizations are equipped to confront this challenge is an open question.  

AI Research Pilot Launched by NSF with USPTO as Partner

The U.S. National Science Foundation (NSF) announced today that it is launching the National Artificial Intelligence Research Resource (NAIRR) pilot, as directed by President Biden’s Executive Order on AI in October 2023. The U.S. Patent and Trademark Office (USPTO) is one of 10 government agencies that are partnering with NSF on the pilot. Biden’s October Executive Order (EO) announced a series of new agency directives for managing risks related to the use of artificial intelligence (AI) technologies, prioritizing risks related to critical infrastructure, cybersecurity and consumer privacy. The EO in part directed NSF to launch a pilot for NAIRR within 90 days, which it said was “consistent with past recommendations” of a task force on the subject.