On Aug. 1, 2024, the EU Artificial Intelligence Act (AI Act) entered into force and will gradually take effect over the next 36 months. This marks not only the end of yet another legislative saga within the European Union but also the beginning of a new era in AI regulation. The AI Act creates an
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Harnessing Generative AI-Assisted Innovation: Comprehensive IP Protection Through Trade Secrets and Patents
You are counsel for a company which just developed an innovative process incorporating a generative artificial intelligence (Gen AI) component. For example, Tech Company may have designed AI-powered personalized health assistant designed to provide real-time health monitoring and personalized health recommendations. The technology leverages Gen AI-driven interfaces to allow users in conversational form to use…
Managing Legal Risks in AI Implementation (Risk Management)
Integrating artificial intelligence and other emerging technologies has become a strategic imperative for companies aiming to expand their product offerings and remain competitive. Product development and legal teams must carefully navigate legal and regulatory challenges when planning and developing an AI tool to avoid common pitfalls. To seamlessly and effectively implement AI and other emerging…
NIST Issues AI Risk-Management Guidance
On July 26, the U.S. government’s National Institute of Standards and Technology (NIST) issued four guidance documents – three final versions and one draft open to public comment – related to artificial intelligence development and implementation. Each was issued pursuant to instructions under the Biden administration’s AI Executive Order 14110, which directed several U.S. government…
USPTO Issues New Guidance on Patent Subject Matter Eligibility for AI Inventions
In response to the rapid advancements in artificial intelligence (AI) and the evolving landscape of patent law, the United States Patent and Trademark Office (USPTO) has issued a comprehensive guidance update on patent subject matter eligibility, particularly focusing on AI inventions. This update, aligned with Executive Order 14110 on the “Safe, Secure, and Trustworthy Development…
EU AI Act’s Opt-Out Trend May Limit Data Use for Training AI Models
There are three primary aspects of generative AI applications that intersect with copyright protection: (1) machine learning with protected works (the input side); (2) the protectability of works created with the assistance of generative AI (the discussion on copyright protection of AI generated works); and (3) potential infringement by the output of preexisting works (the…
Key Takeaways From the Latest USPTO Guidance on AI
On April 11, 2024, the U.S. Patent and Trademark Office issued Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the U.S. Patent and Trademark Office (April Guidance). The April Guidance, which supplements prior guidance issued Feb. 13, 2024, seeks to remind practitioners of existing rules and to educate them on potential risks associated…
Washington Court Rejects Novel Use of AI-Enhanced Video in Trial
In what appears to be an issue of first impression, a Washington state superior court judge in State of Washington v. Puloka recently rejected the admission of video exhibits “enhanced by artificial intelligence” for use in a jury trial.
USPTO Issues Guidance on Use of AI-Based Tools
On April 11, 2024, the U.S. Patent and Trademark Office (USPTO) issued Guidance on Use of Artificial-Intelligence-Based Tools (Guidance), which applies existing rules and policies to the use of artificial intelligence (AI) in practice before the USPTO. The Guidance was issued pursuant to President Biden’s October 2023 “Executive Order on Safe, Secure, and Trustworthy…
Texas House Speaker Creates Select Committee on AI and Emerging Technologies
Speaker of the Texas House of Representatives Dade Phelan recently announced the creation of the House Select Committee on Artificial Intelligence and Emerging Technologies. Rep. Giovanni Capriglione, who has led the House on technology issues and also serves as Co-Chair of the Artificial Intelligence Advisory Council, will serve as chair of this new select…