S13 W10 E37-40 Leveraging INSPIRATION: The Inspired Patent PodcastTM Wayne Carroll - “ Leveraging INSPIRATION: The Inspired Patent Podcast - Intellectual Property Strategy for Startups & Small Business” Week 10 of 13: Recent Copyright Cases: AI,

S13 W10 E37-40 Leveraging INSPIRATION: The Inspired Patent PodcastTM 

Wayne Carroll - “ Leveraging INSPIRATION: The Inspired Patent Podcast  - Intellectual Property Strategy for Startups & Small Business” 

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Week 10 of 13: Recent Copyright Cases: AI, ChatGPT and how they affect your business

1. E37: Legal updates on AI and Patent
   
2. E38: Legal updates on AI and Copyright
   
3. E39: ChatGPT and trade Secrets
   
4. E40: AI and trademarks
   

S13 E37  Legal updates on AI and PatentLegal updates on AI and Patents: Can AI be recognized as an inventor? Find out the latest developments from around the world.
Small business owners need to be aware if there is a large shift in their market. A change in patent law, along with AI might cause a huge shift to the marketplace.
Country Report: 

1. The United States does not currently grant patents to inventions generated solely by AI. The appeals court did not allow the patent because patents are limited to human inventors only, and the US Supreme Court refused to hear the case.
   
2. South Africa has granted a patent to an AI-generated invention. The issued patent, however, still be challenged, so the situation might evolve.
   
3. In the UK, the issue of AI as an inventor on a patent is pending. The Court of Appeal had three justices ruling on the matter, with two saying "no" and one saying "yes." Stay updated for further developments, we are waiting for the UK Supreme Court ruling.
   
4. Germany has rejected the recognition of AI as an inventor due to technical issues. While AI can contribute to the creation process, a natural person must be named as the inventor. However, an appeal to the Supreme Court is underway, so there may be future changes.
   
5. Israel has taken a stance against recognizing AI as an inventor on a patent.
   
6. The European Patent Office (EPO) currently requires a natural person to be named as the inventor. However, efforts are being made to explore the possibility of AI-generated inventions in a second application.
   
7. Australia originally rejected the patent, but the applicant won on appeal and the patent is proceeding through the process.
   

More information is available at THE ARTIFICIAL INVENTOR PROJECT


Subscribe to this Podcast to Stay informed about the evolving legal landscape surrounding AI-generated inventions and patents.
In our next episode, we are discussing The Monkey Selfie and Copyright: In 2011 Animals as Artists (Photos taken by a wild monkey) and ChatGPT - pushing the limits of copyright law​


Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.


S13 E38  Legal updates on AI and Copyright
Your employees are using AI. According to a Feb. 2023 survey by Fishbowl, 43% of professionals are using ChatGPT at work, but of those about 70 percent say their boss does not know.
If AI is found to infringe copyright or have other legal risks then your company’s use of AI could bring liability.
Cases relating to AI and Copyright

1. Getty Images v. Stability AI: In February 2023, filed in D. Del. and the U.K. Getty Images, filed a lawsuit against Stability AI, an AI-driven image recognition platform. The dispute centered around allegations of copyright infringement by Stability AI's technology. 
   
2. Class action against Stability AI, Midjourney, DeviantArt: In January 2023, a was filed in N.D. Cal. The lawsuit against Stability AI, Midjourney, and DeviantArt, accuses them of unauthorized use and distribution of their copyrighted works through AI algorithms. 
   
3. Doe v. GitHub, Microsoft, OpenAI, et al.: Learning from open source software. What happens if the AI does not follow the rules of the open source licenses.
   
4. Authors Guild v. Google (2d Cir. 2015): Although not recent, the Authors Guild v. Google case, which occurred in the Second Circuit Court of Appeals in 2015, is a landmark case. The Authors Guild sued Google for copyright infringement related to their book scanning project. The court ruled in favor of Google, determining that the project fell under fair use due to its transformative benefits. 
   
5. Zarya of the Dawn: Comic book with words written by a human, but all images generated by AI. The images are not copyrighted, but the arrangement and the words are copyrighted.
   

Stay informed about recent copyright cases involving AI and technology, seek legal advice if necessary, and review your business practices to ensure compliance with copyright laws and protect your intellectual property rights.


Don’t miss the next episode about Creating a Culture of IP Protection

Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.

S13 E39 ChatGPT and trade Secrets.Your employees are using AI. According to a Feb. 2023 survey by Fishbowl, 43% of professionals are using ChatGPT at work, but of those about 70 percent say their boss does not know. What does that mean for your trade secrets?
If your employees are feeding your trade secrets to CHATGPT, they may be training an AI to help your competitors with your trade secrets.
Review of trade secret requirements. Have knowledge that others don’t have, which is valuable because you are the only one with the knowledge and reasonable measures to keep it secret. 
Notes on reported issues around confidential information and ChatGPT:

• Amazon: Company confidential data was discovered in ChatGPT's output. Employees were instructed not to share any Amazon confidential information, including code they were working on.
  
• Samsung: ChatGPT and other AI systems were prohibited after employees entered trade secrets. Samsung is developing its own AI tool.
  
• JPMorgan Chase, Verizon, Apple, Citigroup, Goldman Sachs 
  

Reasonable measures to protect trade secrets in the AI era:

• Implement strict policies: Clearly define guidelines and policies regarding the use of AI systems like ChatGPT and explicitly prohibit the input or sharing of confidential or trade secret information.
  
• Employee training and awareness: Conduct training programs to educate employees about the importance of maintaining confidentiality, trade secrets, and the potential risks associated with using AI tools.
  
• Access controls and monitoring: Implement robust access controls and monitoring mechanisms to restrict access to sensitive information and track any unauthorized or suspicious activities involving AI systems.
  
• DON’T GIVE personally identifiable information to ChatGPT. Anonymization and data sanitization: Ensure that confidential or sensitive data is appropriately anonymized or sanitized before using AI systems to minimize the risk of unintentional disclosure.
  
• Regular audits and assessments: Conduct periodic audits and assessments to evaluate the effectiveness of security measures in place and identify any potential vulnerabilities or areas of improvement.
  
• Legal agreements and contracts: Establish clear agreements and contracts with AI providers or developers to address confidentiality, data protection, and intellectual property rights to safeguard trade secrets.
  
• Stay informed about AI advancements: Keep up-to-date with the latest developments in AI technology and security practices to proactively address emerging risks and implement necessary measures.
  
• Consult with legal professionals: Seek advice from legal experts specializing in intellectual property and data protection to ensure compliance with relevant laws 
  

Wayne Carroll is a highly experienced intellectual property lawyer with over 15 years of experience. He holds a Juris Doctor degree with a concentration in Intellectual Property Law from Suffolk University Law School, as well as an undergraduate degree in Electronic Engineering Technology from DeVry University. Wayne is the CEO and Attorney at Inspired Idea Solutions, LLC, a firm he founded in 2013, where he specializes in patent strategy, patent prosecution, trademark strategy and registration, and copyright litigation.


In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.  

Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.


S13 E40 AI and trademarksThe world changed through COVID. One clear change is the number of trademarks filed in the US TM Office. The number has more than doubled. Trademarks are more crowded and it takes more work to find a trademark that is available and works for your business. 


Business owners need a process for selecting a brand in a crowded marketplace. Here is a guide to using AI to select and protect your brand.

1. Know who you are
   
   1. Words that describe your business and the brand you want to create
      

Examples 
Team Players, Can-Do Attitude, Love to Learn and Improve, Great Customer Service, Reliable, Do the Right Thing
    3 Uniques:  Vision, Traction, Healthy

1. What are you offering
   
   1. Example: Business consulting
      
2. What distinguishes your business
   
3. What is your competitive advantage
   

1. The HUNT
   
   1. USE AI to direct efforts to strong trademarks that have a .com available or other criteria (be aware of the risks of training the AI)
      
   2.  Work with an AI tool (or an attorney that uses an AI tool) for trademark searching for a comprehensive ™ search. 
      
2. Secure the brand
   
   1. Select a brand and secure the domain name
      
   2. Confirm ™ availability in the Trademark Office and common law (Attorney search services)
      
   3. File for trademark (Intent to use)
      
   4. Launch your brand (timing considerations)
      
   5. Complete trademark process
      
3. Monitor your brand using AI tools
   
   1.  Enforce your trademark rights as needed
      

Schedule a consultation with Wayne Carroll to discuss your trademark strategy.



Next week:  Recent Copyright Cases: AI, ChatGPT and how they affect your business


Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.  

In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual