Generative AI Patent And Trademark Developments

GPT may soon be trademarked if OpenAI can plead its case.

With the deluge of different apps popping up built on top of ChatGPT like DateGPT, MedicalGPT, etc OpenAI is trying to strengthen its position. The initial requests was turned down because a lack of documentation to justify the trademark, but they are making a second attempt. They have also outlined the brand guidelines on how to reference an app is built with GPT.

There are a number of factors that could prevent the trademark, one being their hesitation to file earlier, and the general descriptiveness of the term. IBM’s trademark for International Business Systems.

Here are the full details on Techcrunch

Great interview with Katherine Forrest on the copyright debate from an attorney’s perspective.

Last week, the Markdown published an interview with Katherine Forrest titled Copyright Showdown: AI’s Next Frontier. One part of the discussion covers the foundation model learning from companies like OpenAI. The argument posed is since it learning from 100% of the piece and in theory could recreate 100% of the work it is infringing on copyright. Here is where I have a problem with that argument because I have yet to see a written piece or artwork that would be mistaken for the original piece. By the foundation, the models work it is near impossible to generate a duplicate in my opinion.

She also included and interesting comparison to Google Books scraping all the book information it could find to what we are now experiencing with large language models.

If you are interested in the developing copyright landscape I think the interview would be a good read for you.

Inventor loses appeal to patent AI conceived, designed, and created products.

The Supreme Court refused to here a case this week from an engineer trying to have his Dabus listed as the inventor of a couple products. The cases go back two years, showing early AGI developments in Dabus. The engineer said the system was autonomously coming up with product ideas, designing and creating them without human intervention.

We are starting to see an underlying theme here by the courts that human involvement needs to be included for Patents or Trademarks to be considered.

Here are the details on the latest decision and the history of the case.

A few tools I found this week

• I finally connected ChatGPT to Google Sheets with GPTForWork

• GPTPromptTuner takes your base prompt and writes a number of variations and then allows you to run all of them getting variations in results

• BurnerPage is in prelaunch, still waiting for access. Basically an AI Split Testing System.

That’s it for today, just one day left before the weekend break. Spencer Shaw from Podkick and Mike Brevik from Cyberdogz Marketing are converging on my house for a couple days of strategy and fun as we look at the first quarter and what direction we should be heading for the next three.

Until Tomorrow,
Kevin Davis
760-835-8347