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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

"For Use Under" Patent Marking: When a Claim Only Partially Covers the Product

The Patent Act requires patentees to mark their products with the numbers of any patents that cover that product. Put differently, if you produce a product that would infringe one of your patents, you must mark that product...more

The Metaverse: Metaverse Standards Forum and the Benefits of Standards Development Organizations

The Metaverse Standards Forum (MSF) was announced on June 21, 2022. The MSF aims to "foster interoperability standards for an open metaverse," and its existence could accelerate developing metaverse technologies. This post...more

Commercializing Your Startup's Big Secret Without Losing Its Value

Congratulations! Your startup is developing a revolutionary product or service that has the potential to transform an industry. Whatever the nature of that new product or service, at its core is an innovation – perhaps an...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

Exploring the Pre-Discovery Trade Secret Identification Requirement in Massachusetts and Across the Country

Massachusetts recently adopted a version of the Uniform Trade Secrets Act (UTSA) that became effective on Oct. 1, 2018. While similar to the UTSA in nearly every respect, the Commonwealth's new trade secret act additionally...more

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