Generative AI: Navigating copyright and patent issues

Kasey Boucher Pierter
Kasey Boucher Pierter
Pierce Atwood LLP

Kasey Boucher Pierter focuses her practice on intellectual property, advertising and unfair competition laws, and technology transactions.

David Dyer
David Dyer
Pierce Atwood LLP

David Dyer focuses his practice on patent procurement in software technologies.

On-Demand: August 10, 2023

1 hour CLE

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Program Summary

Generative AI is becoming increasingly popular across various industries due to its ability to improve efficiency and creativity. Specifically, companies can use AI to generate marketing materials, social media posts, product design, and more. However, while AI-generated content offers numerous benefits, it also comes with potential copyright and patent considerations that companies should understand before using such content. This CLE will discuss such considerations, including the current U.S. Copyright Office and U.S. Patent & Trademark Office positions on authorship and inventorship when AI is involved, ongoing cases, and possible ways to address such considerations.

Key topics to be discussed:

  • Copyright considerations for AI being used to generate works of authorship, including the U.S. Copyright Office’s current position on registrability and its impact, present cases addressing copyright issues, possible ways to address gaps, and a policy discussion
  • Patent considerations for AI being used to generate inventions, including the current position of the U.S. Patent & Trademark Office and global patent offices for naming AI as an inventor
  • How AI has been used as part of the invention process, and what impact AI might have on patent examination

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Kasey Boucher Pierter_Pierce Atwood LLP_myLawCLEKasey Boucher Pierter | Pierce Atwood LLP

Kasey Boucher Pierter focuses her practice on intellectual property, advertising and unfair competition laws, and technology transactions. In this rapidly evolving landscape, Kasey provides clients with current, practical expertise by staying up to date on the latest developments in technology and their potential legal implications in relation to social media, AI, the metaverse, and more. Kasey’s work spans an array of industries, including sporting goods, footwear and apparel, cosmetics, food and beverage, automotive, technology, and software. She also works with clients of all sizes, ranging from startups and emerging companies to large organizations.

 

David Dyer_Pierce Atwood LLP_myLawCLEDavid Dyer | Pierce Atwood LLP

David Dyer focuses his practice on patent procurement in software technologies. David works with clients to develop and refine their inventions for patenting that avoid issues with subject matter eligibility or known practices. Before joining Pierce Atwood, David was a patent attorney at a patent boutique law firm. In addition to his work in the legal industry, David has extensive experience as a software engineer with Texas Instruments, VeriSign, Thomson Reuters, and Target Corporation.

Agenda

I. Copyright considerations for AI being used to generate works of authorship, including the U.S. Copyright Office’s current position on registrability and its impact, present cases addressing copyright issues, possible ways to address gaps, and a policy discussion | 2:00pm – 2:20pm

II. Patent considerations for AI being used to generate inventions, including the current position of the U.S. Patent & Trademark Office and global patent offices for naming AI as an inventor | 2:20pm – 2:40pm

III. How AI has been used as part of the invention process, and what impact AI might have on patent examination | 2:40pm – 3:00pm

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