AI for IP Law: Streamlining Patent and Trademark Processes

Intellectual property law is critical for protecting original work, ensuring proper rights management, and enforcing ownership. However, understanding the complexities of patents, trademarks, and copyrights requires extensive niche experience and legal analysis. 

Consider a law firm handling a new patent application that must manually search for prior art to determine if an invention is novel. That’s hours spent conducting a comprehensive search of existing patents, publications, and other public information to ensure the invention is not already known. Even if they use automated tools, there is no guarantee the tool will catch the correct discrepancies.

AI tools automate this process to mere minutes, scanning thousands of patent databases, research publications, and other sources in minutes, helping IP lawyers quickly assess patentability and avoid rejections.

With the appropriate tools, you can better understand the technical aspects and registration requirements of patenting original work. AI is making the patent and trademark process easier by processing extensive amounts of information quickly. 

Learn how to use these tools to assist clients in the copyright process. 

What are the Applications of AI in IP Law?

AI has become a key player in IP law by generating intellectual property and helping to protect IP rights. Here are some of its many applications in IP law:

• Automated Prior Art Searches: AI can quickly search multiple databases and identify relevant documents in various languages. It classifies types of intellectual property and mitigates the risk of missing critical prior art. For instance, AI tools specialized in prior art searches—such as Derwent Innovation (Clarivate), PatSnap, and LexisNexis TotalPatent One—scan global databases to help patent attorneys assess novelty and potential conflicts.
• Trademark Similarity Analysis: AI compares new and old trademarks. It automates trademark searches and registrations, noting sound, appearance, and meaning to help attorneys determine potential conflicts. 
• Patent Landscape Analysis: Clients needing to identify gaps in their portfolios can use AI to analyze and evaluate trends, technology developments, and competition. AI can pinpoint highs and lows in patent activity, pushing inventors and developers in a profitable direction.
• Infringement Detection: AI identifies potential IP infringements and verifies compliance with IP regulations, allowing businesses to take timely action against infringers. AI assesses risks of IP infringement through machine learning, which can detect trademark misuse and alert IP owners of these instances. Some AI-powered tools can also monitor online marketplaces and legal filings to detect trademark misuse and unauthorized patent use.
• Document Drafting Assistance: AI optimizes document management by analyzing existing language patterns and drafting legal documents based on legal and industry standards. It spots inconsistencies and improves compliance, lowering the likelihood of errors and omissions.
• Legal Risk Assessment for IP Transactions: AI can review applicable legal frameworks to determine patent validity and potential infringements when facilitating mergers or acquisitions. By highlighting potential legal risks, AI supports decision-making in IP strategies and reduces the risks of acquiring problematic IP assets. For instance, Spellbook flags unenforceable clauses in IP licensing agreements and suggests alternatives that comply with jurisdictional requirements while preserving the contract’s intent.
• Predictive Analytics for IP Litigation: AI can analyze past court rulings and apply learned outcomes to help lawyers determine the likelihood of success for future cases. 
• IP Portfolio Management: AI evaluates IP portfolio performance and tracks renewal dates, licensing agreements, and other assets. It can help a company make strategic decisions about maintaining, licensing, and selling specific assets, as it monitors changes in IP laws and identifies over or underused patents. 

With tools like Spellbook, IP lawyers can manage complex legal workflows more accurately and efficiently.

Can AI Technologies Help Track IP Assets?

Specialized AI tools can effectively track IP assets and identify instances of IP infringement, such as unauthorized distribution, using trademarked features without permission, or selling patented inventions. AI tools can help with this by managing IP portfolios, monitoring marketplaces, performing data analysis on patents, and organizing licensing agreements. 

For example, to monitor active infringement cases, lawyers can integrate AI-driven enforcement tools that detect unauthorized trademark use before it escalates into costly disputes. While Spellbook does not scan online marketplaces for trademark infringement, it helps IP lawyers draft and review licensing agreements to strengthen legal protections.

Copyright Protection for AI-Generated Works

In the United States, AI-generated works are not eligible to receive copyright protection. However, copyright law does protect creative contributions made by human authors. In addition, if a human creator modifies an AI-generated work enough to create a derivative one, it can be independently copyrighted.

For example, if an artist uses AI to generate a digital painting but later adds substantial original elements, such as hand-drawn details or unique color enhancements, they could claim copyright over the modified version. But this does not apply to the AI-generated base image itself. 

Spellbook helps IP lawyers maintain compliance with copyright laws by identifying potential gaps in legal documents and ensuring contracts include necessary copyright protections. While Spellbook enhances contract drafting and review, lawyers must exercise human oversight when assessing copyright eligibility and AI-generated content.

Challenges in Copyright Law Regarding AI-Generated Content

Copyright law surrounding AI works is highly variable, as lawmakers struggle to draw the line between works generated by AI with human assistance and works created by AI with human assistance. 

As ruled by the US District Court for the District of Columbia in Thaler vs. Perlmutter, “The act of human creation—and how to best encourage human individuals to engage in that creation, and thereby promote science and the useful arts—was thus central to American copyright from its very inception. Non-human actors need no incentivization with the promise of exclusive rights under United States law, and copyright was therefore not designed to reach them.”

Traditional frameworks don’t sufficiently address the complexities of copyrighting AI works, potentially leading to problems like:

• Originality, as AI tends to combine, remix, or emulate existing content
• Fair and transformative use, especially when evaluating AI’s use of copyrighted materials
• Moral rights and attribution, as AI users or developers may want to take credit despite the work lacking a clear originator
• Economic rights and monetization, as uncertainty around ownership can affect the broader market for creative works

Patent Protection for AI-Generated Inventions

Inventions resulting from AI use can be patented, but the human contribution must be significant. The human creator must also be named as the inventor on the patent, must have developed an essential foundation for the invention, and must train the AI system to improve it further. 

This information is especially important to employment lawyers providing advice for AI-generated content in the workplace.

AI tools like Spellbook assist with the patent process by helping lawyers draft and review IP-related contracts, ensuring clear ownership, licensing, and compliance clauses. Combined with tools or legal research platforms that conduct prior art searches, Spellbook ensures that legal agreements are structured to protect innovations and support a strong patent strategy.

Legal Issues Surrounding Patent Applications

Patent applications present a unique set of legal issues. Patent laws require an inventor to be human while legal regulations consider who should be credited when generative AI is involved. 

In addition, patents require inventions to be non-obvious to a skilled person in the same field. However, because AI can process massive datasets, comparing what is “obvious” to an automation tool vs. what is “obvious” to a human can be tricky. 

What is considered patentable is also a point of concern. Most AI inventions are software-based and can fall under the category of non-patentable abstract ideas. 

Key Takeaways

• AI helps lawyers navigate IP rights by providing clear insights into ownership, patents, and trademarks.
• With AI-powered tools like Spellbook combined with legal research platforms and IP monitoring services, attorneys can monitor global IP regulations to protect their clients’ innovations and detect potential infringements.
• Human oversight remains essential to ensure compliance with copyright laws and accurately interpret AI-generated legal insights.

Frequently Asked Questions

Can AI Own Intellectual Property?

No, AI cannot own intellectual property. Currently, IP laws only recognize humans as legal entities and rights holders. In addition, the United States Copyright Office doesn’t consider AI an author who can receive copyright protection.

Can AI File a Patent?

Human creators can file patents for AI-related inventions. AI must significantly contribute to a new, non-obvious, and useful invention for it to be patentable. The US Patent and Trademark Office (USPTO) has previously patented AI-related innovations, such as AI systems, algorithms, and hardware. 

Can AI Help with Trademark Registration?

Yes, AI can assist with trademark registration by automating searches, detecting conflicts in USPTO and EUIPO databases, suggesting the correct Nice Classification, and monitoring infringements. It drafts applications and ensures compliance but cannot guarantee approval or handle legal disputes. Tools like Spellbook streamline trademark documents, but human oversight remains essential for final decisions.