Generative AI and intellectual property rights: An uneasy co-existence

The rapid advancements in Artificial Intelligence (“AI”) have revolutionized and driven innovation in almost every field. AI sets to offer numerous benefits to the world of Intellectual Property (“IP”) as well, including enhancing efficiency and accuracy in IP searches and analysis. Patent professionals can now leverage machine learning algorithms to process vast data and identify relevant ‘prior art’ quicker and more accurately. AI also aids in monitoring potential IP infringing activities by analysing extensive online data. This proactive approach enables IP owners to take timely legal action, thereby safeguarding innovation.

Having said that, despite the numerous advantages, existing IP concerns about the ownership and attribution of AI-generated inventions cannot be overlooked. Chatbots powered by AI, such as ChatGPT, Stable Diffusion, Midjourney, have become increasingly popular, be it for customer support or virtual assistance.