Artificial intelligence (AI) is reshaping industries, including the legal profession, with a significant impact on patent law. In 2024, the U.S. Patent and Trademark Office (USPTO) and the courts continued to address emerging legal issues at the intersection of AI and intellectual property (IP). In particular, the USPTO released updated guidance on AI-related patent issues and through the AI/Emerging Technologies (ET) Partnership, facilitated stakeholder discussions to exchange ideas, share experiences, and foster opportunities to collaborate on the intersection of IP and AI.
In this inaugural issue of the AI Intellectual Property Year in Review, we present a comprehensive overview of important legal decisions and policy updates in 2024. Key highlights include the USPTO’s guidance on the use of AI tools in patent proceedings, new perspectives on inventorship for AI-assisted inventions, and updated criteria on patent subject matter eligibility, specifically in relation to AI. Additionally, we will examine the U.S. Copyright Office’s evolving stance on the copyrightability of works generated with the assistance of generative AI as well as provide insights from recent Congressional hearings on AI-assisted inventions and creative works.
The information provided in this review is the result of a collaborative process. We would like to extend our thanks to our contributing authors—Dohm Chankong, Richard Crudo, Ivy Estoesta, Roozbeh Gorgin, Paige Cloud, Ethan Goldschen, Todd Thurheimer, and Emily Tkac—whose efforts have enriched this publication.
We appreciate your interest in this report, and we encourage you to see our firm’s other publications, including our “2024 Design Patents Year in Review: Analysis and Trends,” “2024 PTAB Year in Review: Analysis & Trends,” “Federal Circuit IP Appeals: Summaries of Key 2024 Decisions,” and “2024 ITC Year in Review: Analysis and Trends,” which will be available at sternekessler.com or by request. Please contact us if you have questions about this report or would like to discuss AI and IP issues.
Download the full report by clicking the Download PDF button or view the individual articles by clicking on the titles below in the Table of Contents.
Table of Contents
- Patent Law and Generative AI 101
- AI Developments at the USPTO
- Navigating Inventorship of AI-Assisted Inventions: USPTO’s Guidance and Implications
- Update on USPTO Guidance for AI Subject Matter Eligibility
- USPTO Seeks Public Comment on the Impact of
Artificial Intelligence on Patentability - Subject Matter Eligibility of AI Innovations—Updated Examples
- The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI
- AI Inventorship: Navigating Patent Rights Around the Globe
- Five Key Takeaways from the 2024 House Judiciary Hearing on AI-Assisted Inventions and Creative Works
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