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Conversations around generative artificial intelligence are dominating the social stratosphere. By simulating human cognitive thinking, generative AI can produce new types of text, imagery, audio, and synthetic data by using patterns and informational elements obtained from prior works. Because generative AI often relies on pools of data and third-party creations to create new content, there is a concern that generative AI may, whether intentionally or inadvertently, exploit copyright-protected content to develop purportedly original content. Organizations that leverage generative AI tools should be mindful of how the tools are used in a commercial context to mitigate the risk of infringing uses. Likewise, owners of intellectual property should be aware of how their works are used by generative AI models and the users of these tools, and timely action should be taken to defend intellectual property against infringement.
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Blockchain Domains: New Developments for Brand Owners
By John McElwaine
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
AI Can Facilitate Innovation, But It Can Also Become a Potent Patent Killer
By Michael K. Friedland
When is an inventor not an inventor? It’s when the inventor isn’t human. So, if a non-human inventor can’t, in the eyes of patent law, be an inventor, what role can the non-human inventor have in the patent system? The answer is straightforward. Even though it can’t create, it can destroy.
Patent Your Trade Secrets In Wake of Noncompete Ban
By Daniel E. Rose
While it may be growing more difficult to protect business information with the FTC’s noncompete ban, patents can provide strong protection over technical innovations, regardless of whether the inventor stays with the company or leaves.
Key Takeaways from the Latest USPTO Guidance on AI
By James DeCarlo
The April Guidance, which supplements prior guidance issued in February, seeks to remind practitioners of existing rules and to educate them on potential risks associated with artificial intelligence tool use, allowing practitioners to mitigate these risks.