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Can I Use AI to Create My Brand Name
Navigating the complicated world of intellectual property in the world of AI
There’s a lot of confusion about what artificial intelligence can and can’t be used for to create intellectual property for your business. So here it is in a nutshell version.
Patents/Inventions. Patents protect certain ideas.
The U.S. Constitution grants Congress the power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
Patents are valuable for many businesses because they give the owners essentially a monopoly over their invention for many years. And they can stop competitors and others from using the same invention.
But what happens when AI is involved in the invention?
The key terms in the Constution as it relates to who must be the creator of the invention are “Authors and Inventors,” later reaffirmed in the Patent Act, which uses the words “inventor” and “individual.” Courts decided that those words means human beings. In their words, a “natural person” must be the inventor.
That means that if AI alone creates a solution or invention, you cannot obtain a patent for it. You may be still able to use the solution, you just…
