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Chad Rutkowski Co-Chairs Task Force That Contributes to USPTO Report on AI Intellectual Property Policy

News / October 29, 2020

Partner Chad Rutkowski served as co-chair for the national American Bar Association Section of Intellectual Property Law (ABA IPL) Task Force that provided Comments to the U.S. Patent and Trademark Office (USPTO) for its recent report titled “Public Views on Artificial Intelligence and Intellectual Property Policy.” The report, which includes extensive citations of the ABA IPL Comments, reviews the landscape of intellectual property law policy involving artificial intelligence (AI) technology and inventions.

The issues discussed in the USPTO report include AI’s impact on inventorship and ownership, eligibility, disclosure, and the level of ordinary skill in the art, as well as copyrights, trademarks, database protections, and trade secret law. Rutkowski’s work focused on copyright issues, including whether AI could be considered an author of copyrighted works, and whether use of copyrighted material to train AI qualifies under the fair use exception to copyright infringement.

Rutkowski is the co-leader of BakerHostetler’s Digital Transformation and Data Economy team as well as its Technology and IP Transactions and Outsourcing teams. He helps clients identify and capture the intellectual property in their data, algorithms, and enterprise software.

Read the report.

Read the ABA IPL Comments.