The legal landscape remains unsettled. Courts and regulators continue to develop doctrine on AI authorship and ownership, and comprehensive guidance for practitioners is still emerging.
IP lawyers need to act now despite the uncertainty. Clients are already using generative AI in document drafting, research, and creative work. Practitioners should be counseling clients on ownership clauses that address AI-assisted outputs, assessing risk in contracts that do not account for AI involvement, and developing strategies to protect both inventions and work product. Waiting for definitive case law or regulation is not an option when the technology is already in use.