United States: Intellectual Property

After securing funding, companies without in-house IP counsel face a critical 90-day window to protect their intellectual property assets. What systematic steps should growth-stage companies take to ensure they own what they sold to investors, protect their funded roadmap, and establish sustainable IP management practices before the next financing round?

A federal copyright case over a single Facebook photograph resulted in years of litigation despite a $200 damages award, demonstrating how routine image use in business marketing can create substantial legal and financial exposure. Understanding copyright compliance, licensing requirements, and proper image-sourcing procedures has become essential for businesses seeking to avoid costly infringement disputes.

As digital influencers increasingly incorporate copyrighted music, video clips, and images into their content, the legal boundaries of fair use have become critically important. This analysis examines the four-factor fair use test and reveals common misconceptions that put content creators at risk of copyright infringement. Understanding these legal principles is essential for influencers who monetize their content through ads, sponsorships, and affiliate links.

Researchers routinely use AI tools like AlphaFold and Schrödinger's software without scrutinizing license agreements that contain restrictions on commercial use, confidentiality, and mandatory disclosure requirements. These overlooked terms can create significant legal obstacles when translating academic innovations into commercial products, affecting everything from sponsored research agreements to patent filings and university spinouts.

As AI-generated art becomes increasingly sophisticated and visible in institutions like Dataland, the art world grapples with fundamental questions about distinguishing human creativity from machine output. This analysis explores the legal, commercial, and reputational implications for copyright protection, market positioning, disclosure obligations, and the evolving regulatory landscape surrounding AI use in creative industries.

From Lululemon's strategic response to dupe culture to landmark trade dress victories and AI-powered patent analysis, this intellectual property report examines how brands are adapting their protection strategies in an era of social media influence and technological transformation. The collection explores critical developments in trademark law, patent prosecution, and the evolving intersection of artificial intelligence with IP due diligence.

Quick Answer: AI-assisted inventions use the same U.S. inventorship standard as other inventions, with only human beings eligible as inventors. Technology companies should document each person's conception of the claimed invention before drafting claims and approving inventor declarations. The USPTO imposes no general AI-use disclosure duty, but information material to patentability can still require disclosure. [2] Patent counsel should assess inventorship, disclosure, and eligibility separately before the company commits to a filing strategy.

The UK High Court has ruled on whether lisdexamfetamine (LDX), a pro-drug with no therapeutic activity before conversion to dextroamphetamine, can be considered an "active ingredient" for supplementary protection certificate purposes. This decision addresses a critical question in pharmaceutical patent law that has produced divergent outcomes across European jurisdictions and is currently before the CJEU in multiple pending referrals.

Researchers routinely use AI tools like AlphaFold and Schrödinger's software without scrutinizing license agreements that contain restrictions on commercial use, confidentiality, and mandatory disclosure requirements. These overlooked terms can create significant legal obstacles when translating academic innovations into commercial products, affecting everything from sponsored research agreements to patent filings and university spinouts.

Trade secret cases can arise in any industry. But a recent dispute in the world of NASCAR underscores the reality that a company's most valuable trade secrets may walk out the door with a departing executive long before they ever appear in a downloaded file or stolen hard drive.

In CreateAI Holdings, Inc. f/k/a TuSimple Holdings, Inc. v. Bot Auto TX Inc., the Fifteenth Court of Appeals affirmed a Texas Business Court’s denial of a temporary injunction in an autonomous trucking trade secret dispute. The court’s memorandum opinion recognizes that mere suspicion and a competitor’s rapid success are insufficient to warrant injunctive relief. Instead, plaintiffs must produce evidence that specific, protectable secrets existed and were actually misappropriated.

As businesses rapidly adopt artificial intelligence, machine learning, and predictive analytics across their operations, many overlook critical intellectual property considerations. Recent federal court decisions reveal the nuanced distinction between simply automating existing processes with AI versus creating patentable innovations that improve how AI systems themselves operate.