Over the past few decades, the exponential expansion of Artificial Intelligence (AI), Internet connectivity, and cloud computing has ushered in immense digital transformations across countless industries.  These software-empowered disruptions also complicate securing exclusive control over innovative creations increasingly encoded as intangible bits rather than perceptible physical forms protected using conventional containment schemes historically.  Understanding nuanced IP requirements and rights in the digital age grows increasingly vital yet more complicated.  This complexity means adept IP Attorneys (Counsel) that understand the new aspects can provide significant advantages to their clients.

Evolving Digital Channels Complicate Rights Strategies

Previously, geographical constraints, retail distribution, theatrical runs, home video format deals, and other analog exploitation structures allowed some containment around copyrightable works like music, writing, and film, which are vulnerable to straightforward duplication by counterfeiters or pirates.  Digital networks erode most barriers around infringing uses once anti-piracy protections are overcome.

So, while the interconnectedness of smartphones and pervasive Internet transit allow lightning global distribution, benefiting legitimate rights holders and reaching wider audiences instantly online, unfortunately, once digital copies hit peer-to-peer networks or dodgy offshore websites, little recourse exists to prevent reiterative piracy and reduced value of the copied works.

These forces cause creators to explore updated monetization models—like ad payments or individually priced downloads.  These models balance consumer expectations around flexible access with reasonable incentives, justifying continued investments in creating professional creative works.  In the past, IP Counsel predominately focused on contractual negotiations and licensing for income.

Software and Business Method Patentability Remains In Flux

Meanwhile, the realm of patent eligibility itself keeps evolving unevenly across sectors.  AI and quantitative modeling breakthroughs are currently becoming increasingly important.  However, AI is constantly being hit with 35 USC sect.  101 Non-patent Eligible Subject Matter rejections.  These usually indicate that these AI innovations are merely implementations of ‘Abstract Ideas’ and do not warrant patents.

Because software patent eligibility guidelines remain in flux even at the highest court (See US Supreme Court case Alice Corp. v. CLS Bank Int’l, 573 US 208 (2014)), several bills to correct this problem remain pending.  However, they remained on hold session after session.  Companies hoping to use patents to stop copying should take this issue into account for their IP Strategy.

IP Counsel Clarify Digital Unknowns

Innovators developing everything from micropayments security in the expanding cryptocurrency ecosystem to generative AI should consult with IP Professionals to establish a strategy for protecting and monetizing their inventions.

It is now more important for IP Counsel to have additional specialized training and sufficient expertise to advise clients on these evolving IP matters.  They require a working knowledge of the technical subject matter and the latest rules, regulations, laws, and industry-standard practices.

IP Counsel advise clients on various types of available protections – including patents, trademarks, copyrights and trade secrets.  In addition, IP Counsel, who must have at least a bachelor’s degree in engineering or science, also tend to be best suited for technical matters involving legal issues.  Some of these relate to determining who is the inventor of an invention, licensing agreements, non-disclosure agreements, data privacy, cybersecurity lawsuits, Non-fungible Tokens (NFTs), franchise agreements, know-how, trade dress, privacy policies, terms of use agreements, watermark protections, enforcement of IP, defense of IP infringement actions, and related matters.

So, for innovators, both internal as well as external clients, it is important to know what you own, what you can use, your legal rights, what your liability is, what can be easily done to reduce your liability, increase your market power, and protect all that is rightfully yours.  You can also have your IP Counsel search for IP owned by competitors to get an idea of their future products and services.  An IP Counsel can also acquire IP rights in technology for your use for small royalty payments.  A small license like this will allow you to sell products and services covered by IP rights quickly and be one of the first in the market.

Partnering with credentialed IP Counsel is becoming more important as the US moves to an inventor-driven, knowledge-based economy.

Please contact us for a free initial consultation.