Legal News
How Does Patent Law Work?
If you have an idea that you are considering patenting, you should engage the help of an Orange County patent lawyer. An experienced lawyer can help walk you through the steps to file a patent and can help answer the question, “How does patent law work?” Different countries have different patent laws with unique requirements, but it is important to understand how US patent law works and how it is litigated. What Is a Patent? A patent is an exclusive right granted to an individual for a unique invention that they have created. The invention usually will serve as a new product or process that provides a new way of doing something or offers a new solution to a problem. A patent provides legal protection that stipulates that no other party is permitted to copy, sell, or use the invention without the consent of the inventor or patent holder. [...]
What Are the Three Basic Requirements for a Patent?
What are the three basic requirements for a patent? This can be an important question to ask when trying to secure a patent for your idea or concept. An Orange County patent lawyer could be a great resource to use if you find yourself in this situation. An experienced attorney can provide answers and legal advice needed during the patent process. Requirements for Filing a Patent When submitting a patent application with the US Patent and Trademark Office, there are some key requirements that are important to be aware of. The requirements can include: Novelty. The invention or an element of the invention must be new and different from any other invention. This can include inventions that are already patented, in the public domain, or on sale. A patent search can be conducted through the US Patent and Trademark Office or an online search engine to certify that no [...]
How to Use AI Without Plagiarizing?
ChatGPT and other AI platforms are creating opportunities for content creators and everyday folks who rely on AI to generate ideas and even write content. However, universities, publishing companies, and businesses still consider AI-generated essays and articles plagiarism. For many, the same plagiarism rules apply, whether the writing was done by someone other than the author or an AI program like ChatGPT. A common question filling Google search boxes is, “How do I use AI without plagiarizing?” Is All AI-Generated Text Plagiarized? While ChatGPT and other AI-based platforms offer potent tools that aid in content creation or even generate entire projects on their own, the technology poses two main problems when it comes to plagiarizing. The first possible problem deals with how ChatGPT gathers the information that it uses. Much of the information that the AI program learns from is copyrighted information from online newspapers, books, and articles. Therefore, [...]
How Do I Stop AI From Stealing My Content?
The launch of ChatGPT and other generative AI platforms surprised many people who did not expect the software to be so well-informed. It was only later that the general population learned that AI had been trained on billions of documents that are available online. These include blogs, newspapers, and other forms of content that are protected by copyright laws. The process is automated and far-reaching. You may be wondering, “How do I stop AI from stealing my content?” What Is Content Theft? Content theft is unlawful. Anyone who engages in content theft could be liable for damages and legal costs. This type of theft is the act of stealing someone’s published content, which is usually from a website or app. The theft of content takes hard-earned intellectual property from someone else and makes it useful to the thief, which may be a person, bot, or AI. Scraper bots (alternatively [...]
Is It Illegal to Sell AI Generated Content?
Ever since the emergence of artificial intelligence (AI) as a competitive content creator, many people have asked questions in an attempt to understand its place in the field of content creation. Establishing copyright is all but impossible, so another question asked by many is whether it is illegal to sell AI-generated content. Intellectual property and trademark lawyers are in the process of trying to find out. Copyright Law In August of 2023, a U.S. court upheld a decision by the U.S. Copyright Office in which they declared that AI bots cannot obtain copyright protection for any piece of art created by them. Copyrighted material has to have some bit of human influence, regardless of how substantial it is. If it is developed entirely by an AI, then it cannot be copyrighted or trademarked. The implication of this decision is that since AI-generated content and art cannot be copyrighted, then [...]
Who Owns the Rights to AI Generated Content?
The emergence of AI as a legitimate art creator has the potential to threaten the livelihoods of artists around the world in different mediums, such as painters, musicians, and screenwriters. If you’re interested in creating AI content or if your field has been affected by the emergence of AI, you’re likely concerned about the legal questions it poses. Who owns the rights to AI-generated content is not an easy question to answer, but intellectual property lawyers and copyright officers can provide guidance on the matter. What Is AI, and What Content Is It Generating? AI is an abbreviated term for “artificial intelligence.” For the longest time, AI was a science fiction idea that was deemed impossible by authors like Ray Bradbury, Philip K. Dick, and Isaac Asimov. Popular films like The Terminator and The Matrix have showcased AI as a potentially harmful threat to humanity’s very existence. Thankfully, the [...]
Crypto Intellectual Property & Blockchain Patents – Everything You Need to Know
In a world where things can change rapidly and drastically, it can be difficult to keep up. When it comes to intellectual property, nothing is more important than understanding how to protect what is yours. It may be easier than you think to obtain legal protection over your property. With the help of a California patent attorney, you can get started on safeguarding your intellectual property today. What Are Cryptocurrencies? Cryptocurrency is essentially another word for digital currency, meaning alternative forms of payment. These currencies operate on decentralized networks, so they do not have any centralized authority or backing. Because of this, they are different from currencies that are backed by banks and the government. This separation from banks and the government is partly why some people are drawn to them. Types of Cryptocurrencies There are five main types of cryptocurrencies, including: Utility. Utility cryptocurrencies have specific functions and [...]
Protecting Your Tech Invention with The Help of a Patent Attorney
You have a brilliant idea, maybe one you have been contemplating for years, and it is finally time to get it out there into the world. You have worked long and hard on perfecting the details, working out the kinks, and ensuring that it is of the highest quality. It would be devastating for all of your hard work to suddenly become worthless because someone else caught wind of your idea and took it as their own. With a California patent attorney, you can make sure that your idea remains yours. What Is a Patent? Patents, which are issued by the United States Patent and Trademark Office (USPTO), were designed to protect original inventions and ensure that the creator maintains all rights to their product for a set amount of time. With a patent, the owner of an invention has the right to sue anyone who recreates, sells, uses, [...]
Understanding Image Copyright
The short answer to understanding image copyright is that if you created an original image, then you have the copyright on it. Our California copyright attorneys at The Myers Law Group can educate individuals and businesses on the different aspects of image copyright and how it is viewed in a court of law. The Need for Image Copyright Image copyright gives original creators protection against having their works plagiarized or stolen. One cannot steal, copy, reproduce, or display another’s created image without permission from the copyright owner or a license. It is important to understand that copyright protects forms of material expression, such as images. It does not apply to techniques, facts, or ideas behind a work. Protected copyright work includes images, photographs, digital art, infographics, paintings, maps, charts, etc. The United States and many other countries are members of the Berne Convention for the Protection of Literary and [...]
The Impact of Artificial Intelligence on Traditional Copyright Protection
As a California copyright attorney, it is important that we highlight the impacts of artificial intelligence on copyright and patent law. Artificial intelligence is the ability of a computerized system to perform functions and tasks that would normally require human interaction or human intelligence. These can include acts such as speech recognition, decision-making, visual perception, language translation, etc. It is no secret that artificial intelligence is ever-evolving. A general rule of thumb to consider is that only works authored by a human being can be copyrighted. Although copyrights for works generated by artificial intelligence are not specifically prohibited by law, there is no case of an artificial intelligence work being copyrighted. Courts around the world have set precedents that copyright law only protects works produced by humans. Nation-Wide Scale The United States Copyright Office launched an artificial intelligence initiative on March 16th, 2023. The initiative is in direct response [...]