AI as a Copyright Destroyer to an IP Generator

This article represents the priority date for the claim of Copyright for Agentic IP Genesis©, November 15, 2024, Sydney, Australia.

5 min read1 day ago

From AI as a Copyright Destroyer to an IP Generator: The Birth of Agentic IP Genesis©

Since early 2023, the AI landscape has been overshadowed by concerns of copyright infringement and the erosion of originality. As organisations rush to adopt large language models (LLMs) trained on publicly available datasets, a critical question emerges: in a world where everyone uses the same AI models trained on the same information, where’s the room for unique, proprietary creation?

How can any company differentiate itself when its outputs derive from a shared pool of knowledge?

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This concern is legitimate. The notion that AI could become a copyright destroyer, undermining proprietary content and making differentiation nearly impossible, has cast a shadow over its broader adoption. Companies worry that AI-powered innovations derived from the same foundational data will lead to commoditisation rather than genuine innovation.

Reimagining AI as an IP Creator: A New Era of Innovation

What if, instead of seeing AI as a threat to originality, we could transform it into an engine for generating proprietary intellectual property?

Introducing Agentic IP Genesis©, a unique approach to AI and IP. I’ve been exploring how organisations can shift from viewing AI as a cost-cutting tool to recognising its potential as a robust creator of unique, defensible IP. The concept of Agentic IP Genesis© leverages autonomous AI agents for automation and generating original IP. Organisations can design, refine, and protect IP in ways beyond human capabilities by harnessing agentic systems capable of planning, reflecting, and self-improving.

Reimagining AI as an IP Creator: A New Era of Innovation with Agentic IP Genesis, article by Greg Twemlow, image by Ideogram — Reimagining AI as an IP Creator: A New Era of Innovation with Agentic IP Genesis©, article by Greg Twemlow, image by Ideogram

Turning Autonomous Agents into Continuous IP Innovators

What sets Agentic IP Genesis© apart is its focus on transforming AI into a continuous creator of IP assets. These AI systems don’t merely draw from existing datasets; they iterate, refine, and build upon their outputs, decomposing complex challenges, learning from past mistakes, and continuously generating novel solutions, enabling organisations to break free from the limitations of shared data pools and create proprietary IP that stands out in the marketplace.

Empowering Innovation Through Hybrid Human-AI Teams

Key Roles within the Hybrid Team:

AI Agents:
Data Analysts: Extract insights from historical records, patents, and market reports.
Creative Synthesisers: Generate potential solutions and new concepts.
Strategic Planners: Align AI-generated ideas with the organisation’s business objectives.
Patentability & Compliance Agents: Assess proposed innovations’ originality and legal defensibility.
Human Team Members:
Creative Leads: Refine AI-generated concepts into actionable projects.
IP Strategists: Evaluate the potential for patents, trademarks, or copyrights.
Project Managers: Coordinate the integration of AI insights into product development cycles.

Implementing the Agentic IP Genesis© Dual-Review System

Organisations need a robust framework combining AI and human expertise to protect and capitalise on newly generated IP while ensuring data privacy.

Here’s how the dual-review system works:

Step 1: AI-Driven IP Assessment Using Private LLMs

Objective: Conduct a rapid, extensive analysis of the proposed IP in a secure, private environment to ensure novelty, uniqueness, and legal defensibility.

Patent & Prior Art Search:

AI agents operating on private LLMs conduct searches across internal databases and specialised repositories, ensuring no data leakage into public models.
Outcome: Identifies potential overlaps with existing technologies while maintaining complete confidentiality.

Novelty & Non-Obviousness Analysis:

AI agents analyse the IP to assess if it represents a non-obvious improvement over existing internal technologies.
Outcome: Generates a detailed report highlighting areas of uniqueness, all within a secure environment.

Risk & Compliance Assessment:

AI agents evaluate potential legal risks using proprietary datasets.
Outcome: Provides a risk matrix to guide the organisation’s strategy for securing IP protections.

Step 2: Human Legal Review & Strategic Insights

Objective: Leverage human expertise to refine AI findings, ensuring the IP is legally defensible and strategically aligned.

Expert Validation:

Human IP lawyers review AI-generated reports, providing nuanced interpretations that AI may overlook.
Outcome: A refined assessment report with strategic recommendations.

Strategic Protection Planning:

The legal team advises on the best protection strategy, such as filing patents or leveraging trade secrets.
Outcome: A robust IP protection plan tailored to the organisation’s objectives.

Customised IP Filing:

With AI support, human lawyers draft legal documentation within private systems to ensure confidentiality.
Outcome: An expedited and secure filing process.

Step 3: Final Originality Check Using Public LLMs

Objective: Confirm the novelty of the proposed IP against public data sources while safeguarding sensitive outputs.

Controlled Public LLM Access:

After internal validation, the Agentic IP Genesis© team performs a final originality check using public LLMs secured via API gateways to prevent data leakage.
Outcome: Ensures the IP is unique internally and in the broader market.

Validation of Novelty:

AI agents conduct a final comparison to confirm that the IP does not overlap with existing public patents.
Outcome: Provides the final assurance needed to move forward with filings.

Continuous Monitoring & Adaptation

Ongoing AI Surveillance (Private LLMs):

AI agents monitor internal developments and competitor patents without exposing proprietary data.
Outcome: Alerts the organisation to potential threats or opportunities.

Public Market Surveillance:

Public LLMs scan for new publications and technological advancements, balancing internal security with market awareness.
Outcome: Ensures the organisation stays ahead in its strategic positioning.

By combining private LLMs for secure IP generation with public LLMs for final originality checks, Agentic IP Genesis© offers a scalable, safe approach to creating, protecting, and capitalising on innovations. This dual-layer system ensures organisations can maintain their competitive edge while continuously driving new IP creation.

Ready to transform your approach to IP innovation?

Greg Twemlow, Founder of XperientialAI©.

Greg Twemlow : “Empowering future leaders and organizations by designing and delivering AI-integrated experiential learning programs that blend technology, ethics, and philosophy. Through consultancy, mentorship, innovation coaching, and thought leadership, I help CEOs, business leaders, and individuals ethically and efficiently implement AI solutions while fostering a culture of trust, integrity, and wisdom in an AI-driven world.” Contact Greg: greg@xperiential.ai