Protecting my IP in a virtual market: Learn how artificial intelligence is helping small business

November 26, 2019 posted by


So for this panel Susan Allen is going
to be our moderator and so Susan let’s begin good afternoon
everyone thank you and thank you to everyone from
the audience who is taking the time this afternoon to come and hear about
intellectual property and artificial intelligence the name of the panel is
protecting my IP in a virtual market and we’re delighted today to have speakers
from the global innovation Policy Center mr. Frank Cullen
then we have Stephen Thrasher a patent attorney based in Washington DC Dallas
Dallas Texas and Steven Daniels Shapiro who is from red points and I’d like to
have each of them talk a little bit about themselves and their companies in
the relationship of what they’re doing now to artificial intelligence and what
we’ll do is we’ll have a few facilitated discussion questions and then after the
discussion open it up to the audience if you have questions for the panel members
with that dan would you like to see sure my name is Daniel Shapiro
and a director of brand intelligence for a company called red points which is out
of Barcelona Spain we provide an AI cloud-based solution to help protect the
revenue of brands we do that through a series of artificial intelligence that
helped us scan hundreds of marketplaces like Amazon eBay Alibaba DHgate Facebook
it’s the gram twitter we scan those sites looking for infringing product
counterfeits or piracy for brands and then we removed them from the those
platforms in order to help the brand’s protect their intellectual property
prior to joining red points I spent the last eight years at eBay and I had
created eBay’s first-ever proactive online brand protection at that
counterfeit team so I’m thrilled to be here thank you okay so I’m Steve
Thrasher I’m a patent attorney I come really to this from a couple of
perspectives one is that I have clients that are actually using
artificial intelligence when they follow their own patent well they have patent
applications that include artificial intelligence in their products they’ve
used these to get SBIR grants as well as to secure business the other side of
this that we’ll talk to is that I have different pieces of software that I use
in my own practice that are offered by guys like Daniel I don’t cover what some
of those are to monitor patents trademarks and copyrights for my clients
both in terms of possible infringement as well as of their own intellectual
property as well as trying to keep them from getting cease and desist letters
and notice letters so we’ll go into both of this my name is Frank Cullen I’m the
vice president of US policy at the global innovation Policy Center at the
US Chamber of Commerce prior to that I worked on Capitol Hill for 18 years
where I ran a congressional two congressional offices and had the
pleasure of working with much smarter people than myself like Chris Catawbas
who was formerly the madhuri in the last panel it’s pleasure to be here I want to
thank USPTO for hosting today’s event and also I want to thank all of you for
sticking around I know it’s been a long couple of days but I’m sure been very
informative why would the US Chamber care about the intersection between AI
and IP much less intellectual property at all was very simple
we believe that IP helps drive innovative and creative industry sectors
that really drive our economy create jobs and really enrich and enhance the
lives of people around the world not just in the United States IP theft is an
existential threat to so many companies whether it’s counterfeiting piracy trade
secrets theft whatever form it takes and AI is a burgeoning field of technology
that many of our companies are benefiting from and certainly there are
a lot of issues around I I pee in AI that need to be further explored can it
be used effectively as a tool to fight IP infringement can it be used as a tool
for companies simply in terms their operations and what are the regulatory
and legislative questions around intellectual property and AI where AI
writ large so these are all very big questions policymakers will have to
grapple with I want to commend the USPTO for the great work that they’re doing in
this space we’ll talk a little bit more about that but under director yaku’s
leadership I think you are all well aware that they have embraced AI is
component not only in their principal mission as the lead on a lot of IP
issues but also in terms of how can be used as a tool for enforcement thank you
so now we will turn to just a very basic question but what is artificial
intelligence what do we mean I think it means a lot of different things to a lot
of people I’ll share with you how our company uses it as a definition of AI
but AI are artificial intelligence as an umbrella of science in which there are
subsets of science in there so for example image recognition or image
fingerprinting or object recognitions are pieces of artificial intelligence
machine learning or deep learning are pieces of artificial intelligence and we
even use a piece of artificial intelligence called natural language
processing which is helps us a lot in the social media aspect of finding
infringement but all of those and there are many other pieces of artificial
intelligence but they fit under the umbrella of that science and how you
take those pieces to leverage them for what we help brands with that’s how we
define or how we use artificial intelligence thank you so my clients see
artificial intelligence from the point of view of programmers typically and so
to them it’s the business intelligence piece of the Microsoft Azure stack or
it’s the Google artificial intelligence box and it it seems to have some magic
components to it you know when you look at it from the outside and just think of
artificial intelligence and it’s important to understand that that word
is used in the context of human intelligence sometimes called natural
and so I think of artificial intelligence as something that gives
suggestions something that gives users the ability to make better decisions so
when you add artificial intelligence to human intelligence you just get better
stuff and you get it faster so that’s high level looking at it when you look
at it from hey can I get a patent on this point of view then it becomes a
piece in a software stack or some architecture when you look at it from
what it can do to help people you know comply with intellectual property rules
or get patents and trademarks and copyrights of their own from the point
of view of the user I think it’s this expensive mysterious thing that just
promises better results and it is expensive in fact we were talking
outside just before the panel there are two products I was pitched just last
week and one product to monitor trademarks was a few a little bit over a
hundred bucks another product was about a thousand and the thousand dollar
product was based on artificial intelligence cool-sounding work how do
you define getting a better result and how do you make it roll to the customer
that’s hard and so do you guys want to use artificial intelligence is really a
question I I hope to hear some of you give an answer to later what would make
you want to use it what would make it valuable to you just you know what
Stephen said you know if the chamber we’re very intrigued by artificial
intelligence but the question is you know fundamentally what is it and happen
to be at best be utilized the head of Microsoft your presentation of
Washington recently where you talked about the complexity of it and the fact
that there are many things we don’t know it’s still an evolving technology at its
core it’s machine learning that helps enable different functions to hopefully
enable companies to be more efficient to use AI in a way that’s can help their
bottom line and potentially even help them enforce their IP right but the
truth the matter is there is still some mystery
we think back to the cell phone example we’re now walking around with computers
in our hands thirty years ago these were briefcase sized devices that had big
huge bricks you had to hold in your hand they were super heavy and they did not
have anywhere near the capability what does a I can look like in 10 15 20 years
how it’s going to be implemented and what are the rules and regulations that
we’re going to have to have around this so that we actually understand how to
use this in a way that can best benefit the entire society not just those
companies that are employing well thank you all and I think one you know a
couple of takeaways again at first you know there’s a whole there’s a lot of
money and investment going into creation of AI into the developing side and then
protecting those investments through patents and other types of intellectual
property and then on the flip side it’s understanding how we can use all of
those new innovations in commerce to help everyone enforce intellectual
property I’m what I think we could talk about now is to focus on you know what
is the value of AI now for small businesses what is it specifically for
the individual inventor that that brings value to them because yes we can talk
about the Microsoft’s and the big corporations but for someone who’s part
of the smaller business and here’s AI as an ever-increasing buzzword what is it
that they can could be looking for I think I think for for small business and
in entrepreneurial entrepreneur inventors the effort and energy it takes
to get trademarks and patents and I think even more energy associated with
the the inventing of a product and making something that makes our lives
better whether it be through a home product or cosmetics or electronic
products housewares products all those things make our lives better the
challenge I think in today’s world Amazon today represents about 50% of the
total ecommerce business and what we see is more and more products physical goods
are being counterfeited than ever before there’s a study out that recently
suggests that counterfeiting products today is about a one point nine trillion
dollar business and that by 2022 will be about four point two trillion dollars
so while entrepreneurs are inventing cool products and selling them in a
competitive marketplace already sort of I can’t I can’t imagine a worse thing
that happened to compete against yourself because someone is
counterfeiting your goods we use that AI to automatically remove find the detect
and remove those things and bring a service to brands and and and we’re a
brand couldn’t have that tool we can bring them to market and help fight that
fight and actually allow the entrepreneur in the game of protecting
your products just like the patents and trademarks protect your you know
invention so when when I’m thinking about what you guys may be interested in
I think of two ways to take this one is do you guys want to hear about how you
could use artificial intelligence to to maybe get your own patent is that the
interest or is the interest in how could you use artificial intelligence to get
better search results to figure out whether your stuffs patentable is it is
it one or is it two fingers three okay one answer okay so so I’ll tell you
about what I’ve seen clients use artificial intelligence for and get SBIR
grants to cover and I know some of you in here may be interested in some SBIR
grants I’m going to give you a hypothetical example right now it takes
a lot of computing effort and a lot of energy to just take a still photograph
and see whether people are going into a door or out of a door you know they even
get grad students to go that person’s walking this way that person is walking
this way and they can train artificial intelligence now part of
training artificial intelligence is actually giving it human inputs back you
have to treat it like a three-year-old no not this way this way and in that
process the machine learns quickly how to recognize whether someone’s walking
in or out of a door and it might be based on all kinds of little indicators
the the the direction the doors opened removed the the what direction the
person is facing the way their arms are moving and frankly we don’t know that’s
where some of the magic happens sometimes we don’t know and so by by
describing these algorithms that employ this artificial intelligence or business
intelligence system then the algorithm speeds up much faster or let me rephrase
that the actual computing part of the process speeds up much faster I mean
orders of thousands of times faster and that’s the stuff that the government
seems to be funding through the SBIR grants you also get business
intelligence that’s the Microsoft artificial intelligence side in the
Azure stack being used for detecting suggestions from big datasets and then
presenting the suggestion that might be a surprising result hey if you like
these four things you might also like this maybe you’ve seen that on Amazon so
those kind of systems are being used successfully by by companies and try to
get a patent now here’s the the caveat at this moment the US Patent Office is
submitting requests through the Federal Register for what should and shouldn’t
be patentable with artificial intelligence and you know if you know if
you don’t want to see another aia then get online look at what they’re looking
for comments on and then comment on what you think should or should not be
patentable with respect to artificial intelligence that kind of covers
question number one question number two what are the artificial intelligence
based systems I can mention the slide
presentation okay so I prepared a presentation that we didn’t have time to
present today so if you want to see a copy of the presentation I’ll give you
this information and some other stuff in it again I’m Stephen Thrasher just find
me on Facebook at Thrasher Associates is the Facebook group page that I have for
my law practice send me a note and I’ll send you the slide presentation but just
within the last two weeks for trademarks and by the way you use some an annual
stuff it’s good stuff I’ve gotten advertisements promoting pay our
products for artificial intelligence from Compu mark LexisNexis mark oh five
but that’s for attorneys only that’s just for trademarks for copyrights oh by
the way there’s a free database that the World Intellectual Property Organization
has WIPO and it’s pretty decent for copyrights
particularly for images so you might want to go to the WIPO World
Intellectual Property Organization page there’s a copyright tool called called
copy track for visual works videos photos things like that there’s didja
mark for detecting tax and book copy in fact I’m working as a expert in a case
where one author and one bizarre genre is accusing another author in the same
genre of copying them in the patent world I just got to tell you LexisNexis
is the gorilla if if a company kind of pops up and looks like it’s making tract
in the patent world event of artificial intelligence
LexisNexis acquires them I like to say it’s a reflection of the state of patent
law today but their products include things like patent cite total patent
patent optimizer and advisor and they recently acquired Lex machinae so there
are all these tools that you actually have access to they’re expensive but you
know what I found that if you call the salesmen and I did and if you want to
use this particular one I’ll put you in touch
with them or you can call Daniel they’re giving special rates to independent
inventors because they know you guys will use the system and they’d also know
they can call you and get feedback and they really are in this early nascent
stage of business where they’re craving feedback thank you very much Frank do
you have any change just a couple of points and I’d like to step back for a
moment and talk a little bit big picture this is a sophisticated audience many of
you already understand the importance of IPA many small businesses don’t and many
don’t realize it sometimes the secret sauce or the magic formula that’s really
going to separate them from their competitor and they don’t think or they
don’t really have the resources about protecting it as their first order of
business their first order of business is paying rent being payroll making sure
they get their product into the market they’re not going to stand up a big IP
division or spend a lot of money on some sophisticated AI program to protect
their IP typically that said it’s tremendously important that people
understand the resources that are available to them but also understand
the right type of IP protection whether it’s a copyright trade secret patent
trademark so it’s very important small businesses identify how they can best
protect their IP and then how they might utilize a I didn’t help protect that
following up on what Stephen said about WIPO World Intellectual Property
Organization puts out a lot of information it’s a great website just
like USPTO has a lot of information on their website US Copyright Office US
Small Business Administration all have lots of information for small businesses
might encourage you to go on those websites you know one thing about AI and
how it can be helpful is not just how it can be used in the commercial sense but
also in terms of the process of applying for IP protections we see good work
particularly here at PTO in this area to try to streamline the patent process but
also how to make information available to the public in the small business
owner according to WIPO in 2016 which is the
last year data was available there are 3.1
million applications for patents some 7 million trademark applications and
almost 1 million industrial design applications worldwide the volume is
staggering and how you can actually identify you know what products are out
there and which are protected by these different types of IP protections
tremendously important to rights holders and the small businesses to know whether
or not they’re jumping into something where they may not be the first do not
feel so do your research and make sure you understand which type of IP applies
to you Waipa also now has an AI empowered image
search tool for trademark it’s embedded in the WIPO global brand database and
this is a first for white belt that it delivers selves quickly highly accurate
and also in collaboration with the AI experts at the Geneva a university to
Stevens Point they recently launched an automatic patent classification tools
there are a lot of tools out there that are not just commercial applications you
might be able to license or use for protecting your intellectual property
but there also a lot of resources through different agencies throughout
the world thank you all it’s very helpful and very useful information I
want to open it up to the audience now and then I’m if there are other
questions or we have time we may go back with some a deeper dive on some of these
topics but does anyone have out before I get into that one comment I know at the
beginning we had this request for photographs with an Amazon gift card and
I’d have been advised that we are not allowed to do that type of promotion so
well applause for the innovation and the creativity we do have some regulations
that have to start down on that so that way that was not what PTO sponsored or
endorsed so just that’s a little disclaimer there but now I’d like to
turn it over to the audience for questions of our panelists or statements
about how you’re working on a iron would be helpful to I had a question about AI in like
applicate like app development are you able to patent like an AI part of your
app alright you not hear me yeah in fact the AI art group unit has a relatively
for software high allowance rate so you’re saying that you so you I’ve heard
that you can I guess patent an app but if you do have something that’s
particularly important that’s not I guess broad you can patent that well I
don’t know who said you can’t patent it out yeah so you got to be real specific
about what is and is it patentable about what specific app I mean you can’t just
broadly claim a function you can’t just broadly claim you know mathematical
formulas now you which is interesting when I started practicing 25 years ago
almost almost the surest way to get a patent allowed was to put a mathematical
formula in your application and track it in your claim but the the specific
answer to can i patent this is going to require going to a patent attorney with
experience in this area you know your your general attorney won’t know at all
your general patent attorney may not know you you got to go to a patent
attorney that’s really dealt with and wrestled with artificial intelligence
based patent applications before okay question over there you know just
reviewing what your topic and following topics I don’t quite know where to put
this question I hear rumors that if you get an international patent and then you
file for a US patent that you it’ll be processed faster there any validity in
that so there I guess I’m the guy to answer that so the US and international
systems we need to describe the international system or put a put an
international patent just be aware that there is not an international patent
there is a patent cooperation treaty and other treaties that you can use to go
into regions and countries but it’s always on a specific country basis I am
aware of some corporations some of them large that are filing patent
applications in regions that they’ve perceived to be more patent friendly
including Europe and sometimes including believe it or not China and sometimes
they will use a grant of that application depending on other treaties
and asked for something called modified examination in another country I am not
sure whether the u.s. recognizes a modified examination based on an
application filed by a u.s. inventor and then prosecuted overseas okay I’m
getting really deep in weeds here so part of me if I’m losing anybody but if
we do accept modified examination that actually lowers your presumptions when
your patent issues you still have to go through the full examination to qualify
for all of those you know presumptions that I mean they’re less important today
than they were say 10 years ago but but you’re affecting your application in
lots of ways but that that may be what they’re talking about I’m unaware of
anybody that’s using that strategy a lot who’s used it successfully but I have
heard a lot of chatter about it just following
it’s tremendously important that the small businesses recognize that this
blank this idea of blanket immunity somehow because you have a patent in the
United States or it might be deemed to be compliant or consistent with treaties
we have is not sufficient you have to make sure that if you’re going to do
business in a particular market you are filing your IP protections because no
matter how good an AI system is to protect or detect against IP theft if
you have not filed and registered your marks your patents your copyright
protections you know these are all things that need to be done in every
market that you’re doing business is where you create exposures was a small
business take care of the basics first to make sure that you’re protecting
yourself where you’re doing business I was just gonna follow up that’s
excellent comment we deal with a lot of small entrepreneurs and we as we detect
and look for counterfeit or infringing product we often find it in places
whether it’s in Indonesia Malaysia Korea China South America and people’s
intellectual portfolio doesn’t allow us to remove those infringing items in the
places where we find it so we can only help the brand remove infringing product
where they have their portfolio capable so we often say to those brands what do
I do about all those infringing counterfeit items well they’re
concerning because they will make their way to the domestic market or people in
the US can buy from those locations so it’s one of those things you really have
to I think what he mentioned which is you got to really get your basic
foundation of your IP portfolio put to bed and I think Frank’s suggestion is
extremely important I have a question for Stephen I’m
looking for an attorney with knowledge about machine learning text visual video
how do I look for a specific because it’s not easy to see on from their
website so I can contact you but how do do I have a list of attorney in that
specific area were you located Salwa see school San Francisco okay so
you can find patent attorneys that are registered to practice at the Patent
Office that are located in San Francisco actually at the Patent Office website
once you find that list you just got to pick up the phone and or either start
seeing lots of each sending lots of emails yeah now there’s a now some are more active
than others in local software communities and so for example in Dallas
we have an artificial intelligence Society and I attend those meetings so
you’ll you’ll find the attorneys that know that stuff and are really
interested in it going to the artificial intelligence Society meetings look for
the MIT Enterprise forum their meetings look for the alumni associations of the
big tech schools sure so assuming that what you’re
talking about is the preparation of a patent application and not litigation
and not those things then you you are allowed to look nationwide you might
prefer working with an attorney that you can look across the table and show
something to and say wait a minute you don’t understand this I’m coming over to
your office now you know that that’s kind of hard to do if they’re in Salt
Lake City or you know DC well we surely are not recommending any specific
attorneys you know I can tell you that it does help to folks who understand you
know specific jurisdictions and business sectors that are particularly prominent
in different regions there’s going to be a broader pool of
potential talented and effective attorneys you know depending on what
you’re looking for in those jurisdictions hi my name is Rocco from
Maryland most of us are individual inventors or small entities in this
gathering here and there are two aspects one is detecting IP infringement in
other countries as well as here it’s a very expensive process for us and the
second part is enforcing that what are their discs are so it is extremely
expensive for us to do this both in this country as well as in other countries
would you have any suggestions or take on this for us as it relates to
infringing product or copyright issues or patent related issues
counterfeiting is illegal everywhere in the world it’s not nice it’s not as easy
necessary to enforce it everywhere in the world but it is it is illegal
everywhere and every platform that I know of from Amazon eBay Alibaba DHgate
Facebook bucola Pok in Jakarta they all have a
place for which you can if you find an infringing item
you could actually report it yourself I mean if you took the time and you found
it there you could follow their rules and report that item as an infringement
it does take a lot of work it can be done manually for sure
some people use an internal team maybe a couple of college students on a
part-time basis to do manual searches look for those things follow the
guidelines on each of those platforms to have those items removed but they will
remove it very fairly quickly within a few hours of notification because
they’re motivated to remove it as long as you provide all the pertinent
information associated with that and I think back what Frank said as long as
you have the intellectual property for that particular region that’s the
critical element if you don’t have it they wouldn’t remove it but as long as
you add that a pretty sophisticated portfolio you could do it yourself as a
lot of people do sometimes they’ll use an attorney to write letters which will
be good it can be expensive to maybe sometimes use an attorney to send one
letter at a time but there are ways to do it and of course third-party
providers like the company I work for we specialize in in small business and
you know we can do that but there are multiple options to do it it depends individual experience vary
and there are certainly a lot of folks who are very frustrated with the
processes that have been put in place by different platforms to take down
infringing materials and it’s a huge time-suck you know as somebody who has
brought someone who is a small business owner to the US Congress to testify
about her experiences one example is a small business wedding designer who is
really a victim of her own success her stuff was being counterfeited and
believe me if you have a product that’s successful it’s going to be copied
you’re gonna get ripped off and so she was having a flood of counterfeits
coming in her only market was the United States which has a strong IP system the
strong enforcement system she wound up spending all of her time
the vast majority of her time fighting infringing copy counterfeit you know
fake dresses that were cut flooding and mostly from China and she wound up
having no time to design product her brand was diminished as a result of a
lack of quality counterfeits that were out there and ultimately she went out of
business so the truth of the matter is you do have to be very diligent about
your enforcement effort it’s a cost of doing business take advantage of law
enforcement and rules that exist you know there’s a national IPR Center here
in Alexandria Virginia the USPTO has a link to their site to report IP crime
they are 25 agencies across the world including Europe Oh Interpol DOJ here
FBI you know a ton of resources in the National IPR Center to fight IP crime
the truth the matter is it’s tough and when you have to deal with jurisdictions
where they don’t have robust IP protections or laws in place it’s gonna
be tougher but the cost of doing business and if you don’t do it
counterfeits are going to challenge your brand and you’re gonna really be you
know competing with yourself so to jump in on a real quick answer to keep your
cost down look at filing design patent applications if they apply to your
product also look to copyright registrations those are much cheaper to
move internationally a lot of clients use what we call the English language
strategy which is to focus on the nations that accept English applications
that way you don’t pay for the cost of translations because when you talk
international protection the cost of the translation is often 50% or more
sometimes 80% of the cost of filing internationally so if you would design
applications they’re very few words so you don’t have as many translations
frankly you have fewer translation errors as well but the go for the
low-hanging fruit on that and that’s going to be your copyrights and your
design patent application representation oh you have to yeah good representation
in country you understand those systems and has relationships and can hopefully
navigate what might be a very tricky minefield for in patent infringement
protection only the copyrights and trademarks or FBI and the customs is
involved in protecting the infringement of parrot copyrights and trademarks but
not the patents apparently is that true I would have trade secrets yes okay so
when searching for these AI companies what should we look for when searching
for the the best ki companies I’m sure to assume that there’s several different
cons and they run for different businesses
concerning technology to clothing to you know etc so what should we look for in
those companies in finding the best way to keep our company safe I couldn’t hear
that looking for and what are the companies that are gonna be the best
match for your business yeah yes sir I think you need to know what the outcomes
are looking for is right I mean what your challenge is if your challenge is
fighting counterfeits on a marketplace then you need to look for companies that
specialize in that space you know such as we do if you’re looking at it from a
standpoint of filing patents or trademarks and your outcome is how you
do that quicker and cost-effective I think look
the companies you mentioned so I think your outcome is sort of the key
component to help you in that search process it’s to add I would just say it
just depends on what’s important to you you know price quality speed you know
time delivery of a search result that that’s what you’re interested in
assistance with enforcement if the offering that every business has is
different and so you just have to know what you’re looking for and while there
are a number of companies in this field so for instance there’s a company called
entropy it’s particularly utilized by luxury brands it can identify and
analyze various materials ranging from canvas
leather to metal and wood vast majority of the leading brands now utilize it to
detect fakes in the marketplace but there are other companies that really
specialize in using AI within blockchain to make sure they have a supply chain
that’s secure so I really think to Stevens Point it makes a huge difference
understanding how the particular product that a company who specializes in an AI
type system fits your business model you know are you looking for something to
track something through the supply chain are you looking for something to just
attend detect whether or not somebody is trying to copy your brand or your
product in a specific market it really depends on what it is your problem is
and how the AI can be suited to solve that okay
I am asking about software in branding sometimes using open-source software the
author will say please leave this comment in there my question is is that
enforceable and what is it fall under and for images there’s metadata and you
can put your net cetera and whatever text you want and that metadata so you
can track where that image shows up on the net if you create a set of SVG files
you can put comments in there and create yourself as a comment to yourself as the
author is that enforceable and is it more branding I’m not asking for money I
just want the name and the brand might that brand to be acknowledged in the
creation of that digital art or digital code yeah that kind of goes to which of
the open-source licenses you’re developing under yeah exactly because
they’re what 60-something open-source licenses that are pretty active
you know GPL 3 MIT the Apache so you just have to dig into the specifics of
the one you’re interested in look for the ones if you look up copyleft have
you heard of that phrase it means that when you copy the code you have to
include this license as part of the code that you give away that that phrase
those kind of licenses tend to have the don’t change anything provisions in them
and that might be the solution to what you’re looking for
might just Eve’s point it is really more a licensing question that is a criminal
activity or a civil issue that said make sure you understand what your licensing
and actually what you’re signing so open-source has become you know a tool
that a lot of folks believe is essential to innovation we’re at large but just be
concerned if you want to get a return on your creation or invention you know you
probably have to have a pretty strong licensing
or some kind of IP protection I was thinking more about branding and and how
that goes to the enforcement because the source code your name is there you could
do a text search of cross files and across sites for your name and if you
think it’s there I would think it’s fairly easy to detect before but after
it’s compiled it gets difficult and that’s where the AI comes in you know
you can take you can take imagery or listings down on market places that are
brand name misuse where they’re using your name maybe to sell some other
product or they taking your image and that copyright is recognized we can
remove a listing for utilizing an image that doesn’t belong to the person who
listed it so I don’t know if that answers your question but for its it as
it is enforceable across marketplaces and social media platforms to take down
imagery for sure or even the use of your name if it’s a trademark name they don’t
have the right to use that name on those platforms so yeah also check in for your
state rights because rights to person vary state by state and say if you’re in
California you might actually have better rights under state law so we have
the time limit we have about five minutes and I do have one final question
for the panelists but we have maybe time for one or two more yes
I hope Hubbell I actually have some AI really the ideas and those are working
the neural network those type of things are lawful last probably 20 years and so
my question is on a very top level from us USPTO perspective or even from a poll
global perspective people are the policy makers or people high in the ecosystem
trying to make AI sort of more open lies so less patent intensive area probably
similar to software or open to make it a more patent intensive
area so I think clear question yeah absolutely so that’s a big policy debate
in question that’s going on right now it’s not just a question you know what
should be patentable in terms of the specific technology or program but it’s
also a question of writ broadly you know how much do we want government to
regulate you know how much do we want to control the growth of an industry in
that sense so I don’t think there’s a clear answer yet but what I can tell you
is that big institutions like the US Chamber of Commerce the US Congress
USPTO a lot of policy makers are looking at these questions and trying to figure
it out because they understand the important role a AI is going to play
going forward and the one thing I’ll tell you is it’s very dangerous to try
to legislate ahead of technology technology particularly in today’s world
develops it’s such a quick pace that if you have rules in place based on today’s
technology you’re going to be absolute obsolete in terms of those rules pretty
quickly so how you get the rules right is tremendously important hi my name is Chris Rasmussen I’m from
the Pittsburgh area I was wondering whether any of you had a know of the
company called Dorothy AI which is a very brand-new AI technology for
searching patents that’s actually now just officially launched I was wondering
whether any of you had had known of that it’s a friend of mine had actually
launched that company last year but if not you should probably check it out
Dorothy AI just like Dorothy from Wizard of Oz so any quick any quick way to
access AI technology and the patent search process without being a patent
attorney go to LexisNexis I think that’s probably the the shortcut take they have
about on their patent what do you want to call that a subpage landing page they
have about six different products you can choose from if you call one of their
representatives tell them who you are tell them why you’re using it offer them
feedback that seems to be the trick to getting them to cut you a deal yeah yeah so so that’s what I would do
and you might want to go I mean if you’re in Pittsburgh see if Carnegie
Mellon has a subscription to it that you can get access to
okay thank you okay so I have one final question for the panelists which is you
know what does the future hold for AI what do you think you would like to see
developing and B and then after that I’d like to thank our panelists for their
time today I think in the world of sort of detection enforcement this space I’m
in we are moving at light speeds and looking to automate today to give you a
sense there’s about two to four billion items being added every day for the
e-commerce platforms around the world if you take a day off and searching you’re
already gonna be you know four billion items behind and so how do how to keep
up with a marketplace that is moving at such a speed is extremely challenging
and today we believe that through some version of automation and through some
version of automated not only automated detection but automated enforcement
pretty to protect brands is really the challenge we are also seeing today from
a perspective of this ecommerce world a new marketplace is generally created
about once one one new marketplace about every one to two months there’s a new
marketplace and about every three months we’re seeing a new social media platform
pop up where people are listing products so the speed of e-commerce is you know
greater than we could kind of imagine and I think the future of AI is how do
we match that speed I don’t know if we can get ahead of it but can we sort of
catch up to it would be the challenge of what companies today are thinking about
in our think tanks is how do we maintain that speed of to match the speed of
e-commerce so in the short run I think it’s about automating and making much
faster processes at bottleneck points I particularly see this in labs so for
example today that we have the ability to do gene manipulation down to a single
gene in certain therapies and certain pharmaceutical applications and the
bottleneck to get those into markets laboratory testing and getting them
through the safe and effective regulations in the FDA and you know this
is this will sound crazy but you know automating the growth of a fungal
pattern in a petri dish and turning that into something that is accepted as an AI
outcome and can reduce the time to lab results from two weeks down to
microseconds actually will impact our lives in ways we don’t foresee today
then in the medium term I think AI with respect to suggestions will impact us on
an individual level you’ll wake up in the morning and it will say hey Bill
what you’d rather listen to this song this morning because it will remind you
of this and this happened four years ago on this date
you know you won’t think through that process but that’s what will be
happening and so we will actually see individual suggestions being made to us
based on behaviors and based on preferences we are not even aware of and
so look for those kind of life enhancements in the medium term in the
long run all bets are off I have no idea from the standpoint of knowing that what
Steve just said is 100% true we just don’t know what we do know is that there
are certain components of AI that are already being developed to help small
businesses and to help IP right soldiers in ways that are pretty simple but are
going to accelerate at an incredible pace I use the example earlier the cell
phone it’s amazing how quickly technology begins to move so you’re
going to see more efficient processes for attaining IP rights which may help
from a scale standpoint bring costs down you’re going to see IP enforcement by
agencies like Customs and Border Protection utilizing AI in ways that
allow detection of counterfeits coming into the United States to protect
consumers you’re going to see potentially companies using it in
blockchain and applications not just to track and more
efficiently move product but also to make sure the detecting fakes are
getting into the system through all sorts of different types of markers that
will be embedded in products that the AI can detect and then of course you’re
going to see things we can’t even conceive of to Stevens Point which is
what does AI got to think of you know at some point in time what is it going to
invent that we might not even have thought of as a potential application
and that’s a very real potential even though so far it’s what we put in is
sort of what we get out we don’t know really ultimately how the human brain
works and we don’t know how it should be AI is going to work when it really
begins to mature so what the future looks like is very exciting it’s also
something that is very difficult to predict but I can tell you one thing
from the rights holders perspective there are going to be tangible benefits
from AI and they’re already here thank you all definitely some food for thought
and thank you to the audience for coming out.

1 Comment

One Reply to “Protecting my IP in a virtual market: Learn how artificial intelligence is helping small business”

  1. sealie15 says:

    I thought you could only copyright an app. 🤔

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