Analysis of AI Creativity within IP Law

 

Current court cases in the U.S. and elsewhere have debated whether or not AI could be listed as an author worthy of copyright, or as the inventor of a patent. Guidance necessitates an analysis of human vs. AI “creativity”, what the law requires and why, and how this might change in the near future.

 

Use of AI by Judges Snell v. UNITED SPECIALTY INSURANCE COMPANY, Court of Appeals, 11th Circuit 2024 NEWSOM,Circuit Judge, concurring:

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“Here's the proposal, which I suspect many will reflexively condemn as heresy, but which I promise to unpack if given the chance: Those, like me, who believe that ‘ordinary meaning’ is the foundational rule for the evaluation of legal texts should consider —consider— whether and how AI-powered large language models like OpenAI's ChatGPT, Google's Gemini, and Anthropic's Claude might —might— inform the interpretive analysis.” [emphasis in original]

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