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摘要: AI and the future of IP law
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June 08 2026
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CAS explores how AI is transforming intellect...
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AI and the future of IP law
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June 08 2026
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CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys
AI has become a defining force that is reshaping intellectual property (IP) law across patent prosecution, copyright protection, trademark strategy, and trade secret management. For patent attorneys, AI presents a dual challenge: it is simultaneously a subject of legal controversy and an increasingly indispensable professional tool.
Between 2014 and 2023, approximately
54,000 generative AI-related patent families
were filed worldwide, and AI-related patent activity continues to accelerate. Among IP professionals, AI tool adoption surged from
57% in 2023 to 85% in 2025
, marking a decisive shift from experimentation to embedded workflow integration.
The inventorship question
The US District Court for the District of Columbia affirmed in
Thaler v Perlmutter
that human authorship is a foundational requirement. Courts and patent offices in the US, the UK, the EU, and Australia have consistently rejected applications claiming AI as the inventor, affirming that current statutes require a natural person as the named inventor.
The legal standard has not shifted, but its practical burden has grown. When AI is central in R&D, companies must document which humans define the problem, select parameters, and make the final inventive decisions. For patent attorneys, this creates both a compliance obligation and a counselling opportunity: clients who integrate AI into product development must be advised to maintain time-stamped records, lab notebooks, prompt logs, and design rationales, to demonstrate where human judgement shaped the invention.
Copyright, training data, and infringement risk
The more commercially significant controversy involves the AI training process. Many generativ
采集时间: 2026-06-08 20:16:58
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