BakerHostetler’s Intellectual Property Practice Group announces the release of its third annual edition of BakerHostetler IP Perspectives (BHIPP), a review and analysis of intellectual property (IP), plus a look ahead to 2026 and any updates that might be on the horizon.
Artificial intelligence (AI) has infiltrated nearly every aspect of IP. From maintaining sufficient human involvement and creativity in a created element to serving a critical role in trademark enforcement, AI has rapidly moved from a theoretical presence to a necessity on many fronts. One fact remains steady, however – the need to protect IP, one of the most important assets a business can own. Once IP is identified, a strategic, multifaceted plan should be developed for each asset to protect the business – both now and the future.
The continuing and robust growth of social media has pushed more IP issues to the forefront of brand engagement. Businesses must not only protect their brands from misrepresentation in social media but also stay compliant themselves when using images and audio by establishing social media rules and performing regular audits. And as more businesses turn to generative AI to develop marketing assets, it should be noted that such works may be copyrightable if there is a sufficient human contribution.
The U.S. Patent and Trademark Office continues to adapt to AI, even expanding its own use of the technology to expedite processing and examining applications. The practice of challenging patents quickly and cost-effectively through the Patent Trial and Appeal Board is now more difficult to do, with the director’s decisions considered “unreviewable.”
The report concludes with the summation that patents are now back in the center of competitive strategy and risk management, giving the “power” back to patent owners. Patents matter, and their strengthened position supports enforcement efforts by the owners.
