Due largely to the technological leaps and advances being made in artificial intelligence (AI), the United States Patent and Trademark Office (USPTO) is seeking to address the intersection of AI and intellectual property. The USPTO has previously this year requested comments on AI inventions with respect to patents. Now, the USPTO is seeking public comment on the intersection of AI and non-patent areas of intellectual property, namely copyrights, trademarks, and trade secrets. The USPTO is seeking comments on items such as whether AI-created works can be copyrighted and the impact of AI on trade secret law. The topics also include the possibility of the USPTO using AI to perform trademark searches.
These comments should aid the USPTO in developing further guidelines to the examiners, if needed, insofar as AI is involved. The USPTO is seeking to accelerate innovation and keeping pace with the technology of the times. This is a key area of interest in the intellectual property world, and it will be fascinating to see how AI will affect both intellectual property and the examination of same.