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The Coming Shift from Patent to Trade Secret Protection for Generative AI Inventions

Generative artificial intelligence (AI) has the remarkable ability to develop novel solutions to problems, and patent law has historically protected those solutions. Under current statutes and jurisprudence, however, only...more

Generative AI's Output: How Is It Created, and What IP Rights Should It Receive?

Generative artificial intelligence (AI) first performs broad, deep training on human-created materials, then, when given a prompt, can produce "original" works as output. Examples include ChatGPT (text), Stable Diffusion...more

Using AI to Develop a Better Clean Room

If you send your computer-generated MacGyver episode ideas to the production company, it is unlikely to review them. When companies do solicit creative ideas from the general public, they will likely require a signed...more

Using an AI Neural Network to Generate New "MacGyver" Plotlines, and the Future of Creative Works

Developing new creative ideas can be a challenge. Even in legal practice, where our writing is frankly less creative than in other fields, we have all stared at that blinking cursor while we try to imagine a killer opening...more

AI Is Improving Its Artistic Skills, But Who Owns Its Output?

A few years ago, I inadvertently offended an artist friend of mine. We were discussing whether computers would ever generate art that matched what humans could create. She took the position that machines cannot "create"...more

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