The world sometimes changes too fast for our patent system to keep up with it. When technology advances beyond existing legal constructs and definitions, protecting novel forms of IP is a bit of a crapshoot. Take, for example, what happened with the advent of gene sequencing and the classification of genetic material by the Supreme Court as a “product of nature” in the Myriad decision, and its subsequent impact.
Today, a similar situation is developing with AI-generated or AI-assisted inventions as well as with NFTs (and in some cases, in both fields combined as with AI-generated art used in NFTs). These assets are largely untested in the IP legal landscape. While they present a fast-growing, potentially lucrative opportunity for universities to diversify and strengthen their IP portfolios, their cloudy IP status makes them risky bets.
Headlines addressing the controversy surrounding inventorship and ownership of AI-generated innovations and content are increasingly common and highlight some of the legal challenges faced in protecting and licensing these assets. Thus far most U.S. and foreign courts have declined AI-generated patents, but the issue is far from settled and courts in at least two countries have allowed some patent protection.
And though NFTs are gaining popularity as licensable assets, particularly in areas like student-athlete brand imaging, art, historical items, and fundraising, do they live up to the hype? Are the risks worth the potential reward?
It’s imperative that TTOs and IP attorneys understand the unique aspects of NFTs and AI-derived technology to maximize revenue, protect their IP, and avoid patent, copyright, and trademark liability. That’s why we’ve secured Mitchell S. Feller, Principal with Gottlieb, Rackman and Reisman, P.C. to lead this insightful, one-hour webinar:
Join Mr. Feller as he explains the unique protection and licensing challenges facing these digital assets. Here’s a sneak peek at the agenda:
- Defining AI and NFTs
- Understanding current issues, challenges and strategies
- IP protection strategies related to:
- Patents
- Trademarks
- Copyright
- What the courts have said
- AI-assisted versus AI-created
- Licensing considerations for AI-derived inventions and NFTs