The Sedona Conference is pleased to announce the publication of Testing the Limits of the IP Legal Regimes: The Unique Challenges of Artificial Intelligence, authored by Jim W. Ko and former Chief Judge Paul R. Michel of the Federal Circuit. The article will be included in The Sedona Conference Journal Volume 25, Number 1, to be published later this month.

 An earlier draft of the article was presented in June at The Sedona Conference on AI and the Law, Part 2: AI and IP Law as a means of stimulating a broad conversation about the need for balanced, comprehensive law and policy as it relates to the intersection of artificial intelligence and intellectual property. Among the topic the revised paper addresses in detail are:

• Should GenAI-assisted works of authorship or inventions be eligible for copyright or patent protections?
• Should GenAI-assisted software code be eligible for copyright protection?
• Should the patentability of inventions be recalibrated given the impact of the proliferation of AI on prior art and the knowledge of a person having ordinary skill in the art?
• Should the use of public GenAI in a company’s product development lifecycle presumptively constitute public disclosure invalidating patent or trade secret rights?
• Should individuals have rights against the use of GenAI to create deepfakes appropriating their identities?
  
• Are copyrighted works protected from being used in training generative AI models? If not, should they be?
  

The issues raised in the paper are among those that will serve as starting points for a forthcoming Sedona Conference Working Group on AI Law, with the mission of drafting consensus, nonpartisan commentaries that balance the rights and interests of the diverse stakeholders in the copyright, patent, trade secret, and other IP law sectors.

It can be downloaded from The Sedona Conference website by clicking on the following link: