What Intellectual Property Rights Are Available To Artificial Intelligence Products?

Artificial intelligence (AI) is transforming industries by creating new products and solutions that challenge traditional legal frameworks. One key challenge is understanding what intellectual property (IP) rights apply to AI-generated products. As AI systems increasingly produce inventions, designs, and creative works, questions arise about ownership, protection, and enforcement of these rights. This post explores the types of intellectual property rights available for AI products, the legal complexities involved, and practical examples to clarify this evolving area.

Understanding Intellectual Property Rights in the Artificial Intelligence Context

Intellectual property rights protect creations of the mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. The main types of IPR include:

• Patents: Protect inventions and technical solutions.

• Copyrights: Protect original works of authorship like books, music, and software.

• Trademarks: Protect brand names, logos, and slogans.

• Trade secrets: Protect confidential business information.

  
  

When AI products are involved, these categories face new questions. For example, can an AI system be recognized as an inventor or author? Who owns the rights if an AI creates something independently? The answers vary by jurisdiction and depend on how the AI was used.

Patents and AI-Generated Inventions

Patents grant exclusive rights to inventors for new and useful inventions. Traditionally, patents require a human inventor. However, AI systems now generate inventions without direct human input, raising legal debates.

Current Legal Position

Most patent offices, including the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO), require a named human inventor. AI cannot currently be listed as an inventor. For example, in the case of the AI system named DABUS, patent applications listing the AI as the inventor were rejected because the law does not recognize non-humans as inventors.

USPTO Director John Squires said on November 26, 2025, in a notice set to be published Friday, November 28, 2025, that the office considers generative AI systems to be "analogous to laboratory equipment, computer software, research databases, or any other tool that assists in the inventive process.

Director Squires further stated that "[t]hey may provide services and generate ideas, but they remain tools used by the human inventor who conceived the claimed invention. When one natural person is involved in creating an invention with the assistance of AI, the inquiry is whether that person conceived the invention under the traditional conception standard."

The USPTO reiterated its guidance from last year that AI itself cannot be considered an inventor under U.S. patent law.

Ownership Issues

If an AI system creates an invention, the patent rights usually belong to the person or entity that owns or controls the AI. This could be the developer, user, or company commissioning the AI. Clear agreements are essential to avoid disputes.

Copyright Protection for AI-Created Works

Copyright protects original works of authorship fixed in a tangible medium. This includes literature, music, art, and software code. AI can now generate creative works such as paintings, music compositions, and written content.

Can AI Be an Author?

Most copyright laws require a human author. AI-generated works without human creativity or input may not qualify for copyright protection. However, if a human guides or contributes significantly to the creation, Copyright may apply to the created work.

Ownership and Licensing

When copyright applies, the copyright owner is usually the person who created or commissioned the work. For example, if an artist uses AI tools to create a painting, the artist holds the copyright. If the AI operates autonomously, the work may fall into the public domain or require new legal frameworks.

Trademarks and AI Products

Trademarks protect brand identifiers like names and logos. AI products themselves can be branded and marketed under trademarks.

AI and Trademark Use

AI-generated products can carry trademarks owned by companies or individuals. Trademarks help consumers identify the source of AI products and services.

Protecting AI-Related Brands

Companies developing AI solutions often register trademarks for product names, logos, or slogans to build brand recognition and prevent confusion.

Trade Secrets and AI

Trade secrets protect confidential business information that provides a competitive edge. AI algorithms, training data, and models can be valuable trade secrets.

Protecting AI Innovations

Companies often keep AI source code, data sets, and proprietary algorithms secret to maintain advantage. Trade secret protection requires reasonable efforts to maintain confidentiality.

Risks and Challenges

If trade secrets are leaked or reverse-engineered, protection is lost. Balancing transparency and secrecy is a challenge in AI development.

Emerging Legal Developments and Future Outlook

The rapid growth of AI has prompted lawmakers and organizations to reconsider intellectual property laws.

• Some jurisdictions are exploring new rules to recognize AI-generated inventions or works.

• Discussions focus on whether AI should be granted legal personhood or special rights.

• International bodies like WIPO (World Intellectual Property Organization) study AI’s impact on IP systems.

  
  

These developments aim to balance innovation incentives with fair ownership and public access. The AI landscape is constantly evolving as there is a lot of innovation and products being designed using AI. It is important to consult with a New York Intellectual Property Attorney to discuss your legal rights and to explain to you your rights. A New York Intellectual Property Attorney will also be able to explain to you recently legal trends and how to maximize your IP rights.

Key Takeaways for AI Developers and Businesses

• Clarify ownership: Establish clear contracts defining who owns AI-generated IP.

• Document human involvement: To secure patents or copyrights, show human contribution.

• Use trademarks strategically: Protect AI product brands to build market presence.

• Protect trade secrets carefully: Maintain confidentiality of AI algorithms and data.

• Stay informed: Follow legal updates as AI IP laws evolve.

  
  

Understanding intellectual property rights in AI products helps innovators protect their creations and avoid legal pitfalls. As AI continues to advance, adapting IP strategies will be essential for success.

The New York Intellectual Property Attorneys at the Law Office of Dimitrios Kourouklis, Ph.D can meet with you to discuss your AI product, your IP rights, and to develop a cost effective strategy for protecting those rights and your creation. Call and speak with a New York Intellectual Property Attorney at 929-400-7608 or contact us via email to learn more about your IP rights so that we can obtain the best outcome for you.