When AI systems help create inventions, who owns the intellectual property? Join us for a fascinating conversation with James Gourley, idea and brand protection attorney and partner at Carstens, Allen & Gourley LLP, as we explore the complex intersection of artificial intelligence and intellectual property law.

What You'll Learn:

USPTO's New Direction on AI Patents:
- How current USPTO leadership is shifting toward more favorable treatment of AI-related inventions
- The difference between AI-generated and AI-enabled inventions, and why it matters
- How patent examiners now view AI as lab equipment rather than the inventor itself

Copyright in the Age of AI:
- Why AI-generated content isn't currently protected by copyright
- The New York Times vs. OpenAI case and what it means for training models
- Fair use considerations when AI systems learn from copyrighted material

The Future of Innovation Protection:
- Should purely machine-generated innovations receive IP protection?
- The role of human ingenuity in the patenting process
- How drug discovery and R&D are pushing boundaries of traditional IP frameworks

Policy Questions Ahead:
- When compute costs drop, do we still need IP monopolies for machine innovations?
- Training AI on AI outputs: is it still human knowledge?
- The tension between free market innovation and creator protection

James brings 20 years of IP defense experience and a practical perspective on how these policy shifts affect innovators, tech companies, and creators. Whether you're building AI systems, creating content, or just trying to understand where innovation law is headed, this conversation offers critical insights.

About Our Guest:
James Gourley is a partner at Carstens, Allen & Gourley LLP, a 14-attorney IP boutique specializing in patents, trademarks, copyrights, and trade secrets. He focuses primarily on defending clients accused of IP infringement.

Recommended Resource:
James recommends the All-In Podcast for staying current on AI developments and tech trends.

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- Website: https://arionresearch.com
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Timestamps:
0:00 - Introduction
2:00 - USPTO's approach to AI inventions
4:24 - AI-generated vs AI-enabled inventions
7:17 - Copyright lawsuits and training models
17:42 - Fair use and the chemist analogy
24:53 - Software patents and policy shifts
33:43 - Future of IP protection for AI innovations
37:04 - Training AI on AI outputs
39:28 - Recommendations and closing

Episode: When Machines Create: An IP Attorney's Perspective on AI Innovation
Guest: James Gourley, Partner at Carstens, Allen & Gourley LLP
Host: Michael Fauscette, Founder of Arion Research