Can AI Logo Designs Be Trademarked? Can AI Generated Software Be Patented?
It seems like everyone these days is getting into the Artificial Intelligence (AI) game. The advent of this growing technology has created tools and techniques that drive the creative process and streamline productivity. As we take full advantage of the various AI services available, two key questions emerge for any business owner: Can AI logo designs be trademarked? Can AI generated software be patented?
My name is Farley Weiss, and I am a seasoned copyright and trademark lawyer and president of Weiss & Moy, P.C. Along with my colleague and senior partner Jeffrey D. Moy, a skilled patent lawyer and electrical engineer, we are experienced IP attorneys dedicated to helping you navigate the complexities of protecting your brands and intellectual property.
In this blog, we will explain everything you need to know about AI logo design trademarks and AI generated software patents.
The Gray Area of AI and Intellectual Property
AI is changing the way we create, but it also raises important legal questions about ownership. While AI cannot own property, the rules for trademark, copyright, and patent protection vary.
AI Logo Design and Trademarks
Trademarks protect symbols, names, and slogans that identify goods and services. Since trademarks do not require human authorship, AI-generated logos can be trademarked as long as they serve as distinct identifiers in commerce.
AI-Generated Images and Copyright
Unlike trademarks, copyright law requires human authorship. The U.S. Copyright Office (USCO) has ruled that AI-generated images are not eligible for copyright protection unless they include substantial human contributions.
AI Generated Software Patents
AI-written software can be patented if it meets the legal requirements for patentability. However, an AI program cannot be listed as an inventor on a patent application. As long as one or more humans qualify as inventors, the patent application can proceed normally.
In short, AI is a tool, not a creator. To secure legal protection for your work, the core idea must come from you.
| AI can assist in the creative process, but legal protection depends on human involvement. A trademark can apply to an AI-generated logo, but AI-generated images cannot be copyrighted without meaningful human input. When it comes to patents, AI-driven inventions may be protected, but a human must be named as the inventor. |
How AI Complicates Trademark and Patent Protection
Let’s break down the challenges related to trademarks and patents:
Trademarking AI-Generated Logos
Trademarks protect branding elements such as logos, names, and symbols that identify goods and services. Unlike copyrights, trademarks do not require human authorship, meaning AI-generated logos can be eligible for trademark protection. However, the logo must be distinctive and not too similar to existing trademarks.
The key challenge with AI logo design trademark protection is ensuring originality. If an AI tool produces a logo based on existing data patterns, there’s a risk of unintentional similarities to other trademarks. To strengthen a trademark application for an AI-generated logo, businesses should document the creation process, including human input such as design modifications or specific creative choices made during AI-assisted development.
Patenting AI-Generated Innovations
Patents protect new and useful inventions, including processes, products, and software. AI-generated inventions can be patented if they meet all legal patentability requirements, but there’s a key limitation: Only a natural person can be named as an inventor and thus there needs to be human involvement in the design.
Patent law requires a human to be responsible for the conception of the invention. While AI can assist with refining designs, drafting software code, or optimizing prototypes, the fundamental idea must come from a human inventor. As long as one or more humans qualify as inventors, an AI-generated software patent application can proceed through the standard patenting process.
- AI-generated logos can be trademarked as long as they are distinctive and used in commerce.
- AI-generated images are not eligible for copyright protection without substantial human input.
- AI-assisted inventions can be patented, but AI cannot be listed as an inventor.
- Human involvement is critical in securing legal protections for AI-generated intellectual property.
AI’s Role in IP: A Practical Example
A startup develops an AI-powered platform that generates unique product packaging designs. They then used the AI tool DaVinci.ai to create a distinctive logo and branding elements for their flagship product and want to trademark the logo. They turn to our IP attorneys for guidance on whether the logo and branding they created can be trademarked.
Our team of lawyers would advise the client that trademarks do not require human authorship as long as it is unique and functions as a recognizable brand identifier. We would also recommend conducting a thorough trademark search to ensure the design does not infringe on existing trademarks.
Additionally, if they are seeking an AI-generated software patent for their new platform, we would explain that while a patent can be pursued, a human must be named as the inventor. AI can assist in refining the software, but the core invention must come from a person to qualify for patent protection.
Legal Considerations for Designers Using AI Tools
For designers and businesses considering using AI to create logos, designs, or even software, it’s crucial to be aware of the following tips:
- Check Ownership Rights: Make sure that the AI tool you use grants full ownership rights to the work you create. Some platforms may offer limited licenses or retain certain rights to AI-generated content, which could affect your ability to trademark or patent it.
- Provide Significant Human Input: The more involved you are in the creation process, the better. Make sure your graphic or software designer team adds their own creative or technical elements and alterations to make it a unique creation.
- Consult an IP Attorney: Before you begin using AI-generated content commercially, it’s wise to consult an intellectual property attorney. We can assess whether your work meets the criteria for trademark or patent protection and guide you through the registration process.
Why Consult Weiss & Moy, P.C.?
At Weiss & Moy, P.C., we are at the forefront of intellectual property law, especially as it pertains to emerging technologies like AI. We work with cutting-edge companies, such as Curio®, providing legal guidance on navigating the complexities of patent and trademark law in the AI space. With offices in Phoenix, Scottsdale, and Boca Raton, we offer localized expertise in the rapidly evolving world of AI and intellectual property.
Ready to protect your AI-generated creations? Contact us today for a free consultation. Call toll-free at (480) 994-8888, or click here for more information!
