AI Intellectual Property Patent Copyright Technology Law

The IP-AI Intersection

Artificial Intelligence presents unprecedented challenges to intellectual property law frameworks developed in an era of purely human creativity and invention. From AI-generated art to machine-authored code, traditional IP concepts of authorship, inventorship, and originality are being stress-tested as never before.

Patents and AI Inventorship

The DABUS Cases

Dr. Stephen Thaler's DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) AI system created two inventions: a food container using fractal geometry and a flashing light for emergency situations. Thaler applied for patents listing DABUS as the inventor in multiple jurisdictions. The results were illuminating:

  • United States: USPTO and Federal Circuit held that inventors must be natural persons; AI cannot be listed as inventor (Thaler v. Vidal, 2022)
  • European Patent Office: Similarly rejected, holding the EPC requires a human inventor
  • South Africa: Granted the patent (due to procedural rather than substantive examination)
  • Australia: High Court ultimately ruled AI cannot be inventor (2022)

The Human Tool Doctrine

The emerging consensus globally is that AI is a "tool" used by human inventors, similar to computers or databases. The human who conceived of the invention, directed the AI, and made the creative choices remains the inventor. This approach preserves existing patent frameworks while accommodating AI-assisted innovation.

Copyright and AI-Generated Content

US Copyright Office Position

The US Copyright Office has taken a clear position: works generated entirely by AI without human authorship cannot receive copyright protection. However, works where a human author has made creative choices in selecting, arranging, or modifying AI-generated elements may qualify.

The Zarya of the Dawn Case

In a landmark 2023 decision, the USCO granted copyright to Kristina Kashtanova's comic book "Zarya of the Dawn" but only for the human-authored text and arrangement—not for the Midjourney-generated images. This established an important precedent: AI-generated images per se are not copyrightable.

India's Position

Under the Copyright Act, 1957, authorship requires a "person"—interpreted as a natural or legal person. The Act does provide for computer-generated works in Section 2(d)(vi), stating the "author" shall be the person who causes the work to be created. This arguably gives copyright in AI-generated works to the human who "caused" the AI to create it, though this has not been definitively adjudicated.

Trade Secrets and AI Training Data

A critical emerging issue is the use of proprietary data to train AI models. Several important questions arise:

  • Does training an AI on confidential data constitute misappropriation of trade secrets?
  • What obligations does an AI company have when its model outputs resemble training data?
  • How should companies protect their proprietary data from being used by third-party AI services?

Litigation Landscape

Multiple class action lawsuits are proceeding in US courts challenging AI companies' training practices:

  • Artists suing Stability AI, Midjourney, and DeviantArt for using their work without consent
  • Authors (including John Grisham, George R.R. Martin) suing OpenAI for using their books for training
  • Getty Images suing Stability AI for reproducing copyrighted photographs

These cases will fundamentally shape the legal framework for AI and IP globally.

Practical Guidance for Businesses

  1. Document human contributions: Carefully record human input into AI-assisted inventions and creative works
  2. Review AI vendor contracts: Ensure indemnification for IP claims arising from AI tool use
  3. Audit training data: If developing AI systems, audit training data for third-party IP
  4. Register what you can: Apply for protection for human-authored elements of AI-assisted works
  5. Watch for legislative developments: AI-specific IP legislation is being actively considered in the EU, UK, and India

Conclusion

The intersection of AI and IP law is one of the most dynamic areas of legal practice today. Businesses must navigate this uncertainty proactively, building IP strategies that are robust enough to withstand the evolving regulatory and judicial landscape.