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Time to talk about ownership of AI-generated intellectual property assets

Author(s): Nathaniel Lipkus, Barry Fong, J. Bradley White, Ryan Howes, Leah McGurn

Dec 13, 2021

Systems for protecting intellectual property (IP) have been in place since the Middle Ages, encouraging skilled, innovative technicians by granting monopolies within particular industries. For hundreds of years, intellectual property policy has been driven by the imperative of rewarding the human creativity or ingenuity that brings new creative works and useful inventions to society, in exchange for disclosure of those works and inventions to further foster progress – the so-called “bargain.”

The advent of machine-learning and modern artificial intelligence (AI) is now challenging this paradigm. Computers have become more powerful and as they acquire higher-order brain function through machine-learning, they have developed the capacity for activity that humans would otherwise consider original or inventive, creating works worthy of copyright protection and inventions worthy of patents. Quantum computers are guaranteed to accelerate this trend...