In a landscape where artificial intelligence (AI) is rapidly evolving, legal experts at McKool Smith are at the forefront, interpreting how the latest developments will impact intellectual property (IP). Principal Blair Jacobs provided his perspective on the Biden Administration's Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, emphasizing the importance of adapting IP law to the pace of technological innovation.
The executive order, a significant step by the White House, addresses the dual nature of AI — its potential for innovation and the risks it poses. It lays out mandates for federal agencies, including the US Patent and Trademark Office (USPTO), to clarify and guide the complex relationship between AI and the inventive process.
Blair Jacobs' analysis indicates a forthcoming period of rapid legal adaptation. He addressed how the intellectual property industry will consider the patent eligibility of AI and the possibility that “eligibility law as a whole needs to be straightened out before the complexities of AI-based inventions eligibility can be resolved.”
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