Generative AI and the IP system

Some observations and implications were shared through a set of provocations to help prompt consideration by IP system stakeholders about what could happen.

Why did we do it?

With the arrival of generative AI (GenAI) into the mainstream, many big questions were raised for the IP rights system. The ability of GenAI to generate novel content raised the question of whether our traditional understanding of intellectual property still holds true. How might GenAI intersect with designs, patents, trade marks and plant breeders’ rights? Based on the signals identified by IPAVentures, the Venture Board supported an investigation to provide a quick sense of the key issues and possible ramifications.

What did we do?

During a 12 week set of discovery sprints we:

• Conducted 40+ interviews with stakeholders across the IP system to test the thinking.
• Ran a number of workshops with IP Australia staff to better understand the possible intersections of GenAI with the work of the organisation.
• Undertook a survey of over 200 businesses.
• Developed a set of provocations exploring how the use of the technology might play out for each of the IP rights.
• Ran a number of experiments with IP Australia staff to understand the potential for the use of GenAI within the agency.
• Trialled a number of commercial GenAI tools.

What did we learn?

The range of provocations considered each of the registered IP rights (trade marks, patents, design rights, and plant breeders’ rights) and how GenAI might intersect with them. The provocations helped to stimulate conversations with stakeholders and quickly build a sense of what issues might come from the use of GenAI, and what that could mean for the administration of the IP rights.

These insights helped us identify some big questions about the IP rights system:

• Inventing with tools, to tools inventing: Humans have always used their tools to create new tools. What might it mean when these new tools themselves create the outputs instead?
• From scarcity to abundance: The current system incentivises innovation in return for disclosing it. It is based on an assumption that innovative outcomes are a scarce quality. Generative AI hints that may no longer be the case. What might an IP system look like through the perspective of abundance?
• A fit-for-purpose system: These shifts imply that a fit-for-purpose IP rights system may need to look differently than it currently does. At the very least it suggests assuming that the current approach is fit-for-purpose is risky.

What happened?

The provocations helped stimulate conversations about the possible impact that GenAI might have on the IP rights system, and helped set the basis for experimentation with GenAI tools within IP Australia.

Get in touch

If you would like to know more about our ventures you can reach out to us at mdb-ipaventures@ipaustralia.gov.au.