ABSTRACT
The proliferation of generative artificial intelligence (AI) tools creates many opportunities, but also challenges for the maintenance and cultivation of intellectual property. In particular, an open question is whether the user generated output of generative AI is eligible for a patent or trademark. Recognizing the growing complexity and breadth of information that has already made it difficult for patent and trademark offices to review and evaluate applications, this article argues that blockchain as an emerging technology can function as a complement to the existing patent and trademark infrastructure through the minting of non-fungible tokens (NFTs). Unlike patents and trademarks, which require careful review by centralized bodies, NFTs live on the blockchain and draw on decentralized consensus making. We show that AI and blockchain are complements, and that NFTs provide a cost-effective and scalable vehicle for creators to publicly signal their intellectual property (IP) over content created with generative AI tools. We conclude with some recommendations, including a discussion of Trusted Platform Module (TPM) technology to help strengthen the security between physical and digital assets that may feed into AI systems.
Makridis, Christos and Bates, Tim and Barnes, Neil and Glasgow George, JiNan, The Future of Intellectual Property: The Complementary Role of Artificial Intelligence and Blockchain (November 26, 2024), Journal of the Patent and Trademark Office Society, volume 104:293, 2024.
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