AI and the future of IP law

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

AI and the future of IP law

Sponsored by

Logo 22.07.22.png
Person holding abstract image of scales of justice and icons featuring AI and a lightbulb

CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys

AI has become a defining force that is reshaping intellectual property (IP) law across patent prosecution, copyright protection, trademark strategy, and trade secret management. For patent attorneys, AI presents a dual challenge: it is simultaneously a subject of legal controversy and an increasingly indispensable professional tool.

Between 2014 and 2023, approximately 54,000 generative AI-related patent families were filed worldwide, and AI-related patent activity continues to accelerate. Among IP professionals, AI tool adoption surged from 57% in 2023 to 85% in 2025, marking a decisive shift from experimentation to embedded workflow integration.

The inventorship question

The US District Court for the District of Columbia affirmed in Thaler v Perlmutter that human authorship is a foundational requirement. Courts and patent offices in the US, the UK, the EU, and Australia have consistently rejected applications claiming AI as the inventor, affirming that current statutes require a natural person as the named inventor.

The legal standard has not shifted, but its practical burden has grown. When AI is central in R&D, companies must document which humans define the problem, select parameters, and make the final inventive decisions. For patent attorneys, this creates both a compliance obligation and a counselling opportunity: clients who integrate AI into product development must be advised to maintain time-stamped records, lab notebooks, prompt logs, and design rationales, to demonstrate where human judgement shaped the invention.

Copyright, training data, and infringement risk

The more commercially significant controversy involves the AI training process. Many generative models were trained on datasets scraped from the internet, often including copyrighted works without the rights holder’s consent. In June 2025, Disney Enterprises and Universal filed suit against Midjourney, alleging its model was trained on copyrighted characters and images without authorisation and arguing that the AI engine was built on systematic infringement.

WIPO has acknowledged that the rise of generative AI is accelerating the need for stronger copyright infrastructure to protect creators while permitting innovation to flourish.

AI as a practice tool

AI-driven tools now allow patent attorneys to:

  • Automate prior art searches across global databases in multiple languages;

  • Conduct patent landscape analyses;

  • Generate predictive litigation analytics; and

  • Flag inconsistencies in claim drafts.

Portfolio management platforms centralise patent data, surface renewal deadlines, and continuously monitor competitor filing trends. In transactional work, AI accelerates IP due diligence by reviewing applicable legal frameworks and identifying potential infringement exposure to reduce client costs.

These capabilities amplify attorney effectiveness but do not replace professional judgement. The interpretive and strategic work of IP practice remains firmly in human hands.

Governance, trade secrets, and the road ahead

AI adoption does not occur in a regulatory vacuum. The EU AI Act imposes obligations around transparency, training data quality, and organisational AI literacy: compliance demands that are becoming a subject of IP legal counsel. Trade secret protection presents related concerns; without strict contractual controls, confidential information transmitted to third-party AI vendors may lose its protected status. Strong non-disclosure agreements, explicit prohibitions on vendor training using client data, and audits of employee AI tool usage are becoming standard elements of sound IP practice.

AI’s absence from IP practice increasingly requires justification rather than its presence. Patent attorneys who invest in understanding the legal implications of AI-generated innovation and the strategic capabilities of AI as a professional tool will be better positioned to serve sophisticated clients in the future.

more from across site and SHARED ros bottom lb

More from across our site

As firms expand into integrated IP services, recent hires show the model's appeal – but high-profile departures reveal how quickly questions of depth and durability can emerge
In-house counsel say private practice firms either aren’t conveying sustainability messaging or simply ‘don’t care’, but a mindful approach to the topic could swing pitches
With patent filings stagnant, fewer clients litigating and market consolidation at play, Canadian firms are considering how to challenge the established players
IPH’s strategy of integrating acquired businesses into its larger premium brands, may offer an early signal of how externally funded IP firms will pursue scale, efficiency and market strength
After bringing on board three new partners, the recently merged firm has its eyes on breaking into the top-flight of firms for patent disputes and ITC litigation
While the US and the UK remain the biggest markets for representation of women, their lead has narrowed
Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Gift this article