Artificial Intelligence

The rise of Artificial Intelligence (AI) is transforming industries at a rapid pace. AI offers exciting opportunities for businesses that rely on cutting-edge innovations, from autonomous vehicles and personalized medical treatments to advanced data analytics platforms. However, this rapidly evolving sector also presents legal considerations that differ from those in traditional product or software development.

If you need an AI Attorney who understands how to protect artificial intelligence assets and address legal hurdles, Brooks Kushman has your back. We provide a full suite of artificial intelligence intellectual property services, including patent prosecution, trademark law, copyright law, intellectual property litigation, and post-grant proceedings. Over the past five years, we have filed more than 11,000 patent applications, managed over 15,000 trademarks, and handled over 850 patent and trademark cases.

Common Intellectual Property Challenges

AI has enormous potential to advance healthcare, aerospace, finance, consumer electronics, e-commerce, and many other fields. Through machine learning and advanced analytics, businesses can optimize complex processes, discover new revenue streams, and remain ahead of competitors. At the same time, AI developers often face the challenge of distinguishing genuine innovations from generic data processing methods when pursuing patent protection. They must also ensure that proprietary algorithms and data are protected against unauthorized disclosure or misappropriation.

Legal requirements are also evolving. Regulators in different jurisdictions have introduced rules governing data privacy, cybersecurity standards, and liability frameworks for AI-driven processes. Without careful legal planning, AI projects can risk infringement claims, data handling violations, or possible liability exposures if autonomous systems malfunction.

Moreover, AI’s intangible nature can complicate intellectual property rights. Businesses may wonder how best to protect source code, training data, and the resulting models, which often rely on proprietary algorithms and intellectual property. Questions arise about the right combination of patents, trade secrets, and licensing strategies to preserve a competitive advantage. This is where having a knowledgeable artificial intelligence lawyer makes a difference.

How We Can Help

Brooks Kushman has built a reputation for delivering comprehensive, strategic counsel to organizations at the forefront of technological advances. Our attorneys combine legal know-how with insight into AI processes, ensuring that our clients receive advice tailored to the intricacies of AI. We are prepared to assist if you need patent coverage for a novel data processing pipeline, trademark protection for an AI-driven product, or compliance support for privacy regulations.

AI Intellectual Property

Protecting AI-centric innovations often requires a strategic blend of patents, copyrights, trademarks, and trade secrets. For decades, we have guided clients in formulating patent applications that capture core aspects of machine learning models, robotics systems, data structures, and algorithmic techniques. With more than 11,000 patent applications filed over the past five years, our team is well-equipped to address the unique challenges posed by AI technology.

We help clients:

• Identify patentable features in AI-driven processes, algorithms, and hardware.
• Draft patent applications that accurately define and claim the essential elements of AI technology.
• Secure global intellectual property protection by coordinating filings in multiple jurisdictions.
• Pursue trademark registrations to protect brand identities tied to AI solutions.
• Use licensing agreements and trade secret measures to safeguard confidential algorithms or data sets.

AI Cybersecurity & Privacy

Data is the engine behind AI systems. This data may include sensitive personal information, confidential business records, or government-regulated content. We advise on best practices for data collection and protection, helping clients align their AI initiatives with a rising tide of privacy and cybersecurity regulations.

Key focus areas include:

• Crafting internal policies to handle personal or sensitive data responsibly.
• Reviewing cybersecurity measures to reduce risks of unauthorized access and data breaches.
• Clarifying requirements under laws such as the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), or similar frameworks.
• Addressing liability issues if an AI system fails or data is used in an unanticipated manner.

Our goal is to help you maintain compliance while still capitalizing on the promise of AI-driven innovations.

Why Partner with Brooks Kushman?

When selecting an artificial intelligence lawyer, it’s essential to work with attorneys who can address your project’s technical and legal dimensions. We offer several advantages:

1. Breadth of Experience
   We have handled over 850 patent and trademark cases and manage an expansive global portfolio of more than 15,000 trademarks. This background equips us to handle intellectual property protection and enforcement for businesses of any size.
2. Depth in Technology
   Our attorneys and professionals stay informed about developments in AI, machine learning, and robotics. We collaborate effectively with technical teams, bridging the gap between highly specialized concepts and legal strategies.
3. Comprehensive Legal Services
   In addition to intellectual property prosecution and portfolio management, we provide licensing counsel, trade secret protection, and litigation services. We also assist with cybersecurity planning, privacy law compliance, and technology-related commercial agreements.
4. Tailored Business-Focused Solutions
   We invest time in understanding your company’s specific objectives. This approach enables us to develop strategies that not only safeguard your technology but also align with your business objectives.
5. Nationwide Reach
   With offices across the United States, we support clients in all 50 states. Our attorneys also coordinate internationally with partners to protect intellectual property rights and handle disputes in key foreign markets.

By working with Brooks Kushman’s artificial intelligence attorneys, you gain a trusted partner equipped to address the legal facets of your AI journey.

Key IP Considerations for Artificial Intelligence

Rapidly Evolving Legal Landscape

AI technologies are developing faster than legal systems can adapt. Patent eligibility, data rights, and authorship questions are actively being examined by courts and regulatory agencies in the U.S. and around the world. We help clients navigate this evolving landscape by staying current with the latest legal decisions, policy shifts, and agency guidance, ensuring IP strategies remain defensible and forward-looking.

Patent Eligibility and Strategic Claiming

Obtaining patent protection for AI-related inventions can be challenging, particularly when claims involve abstract ideas, algorithms, or mathematical models. Success in this space often depends on how the invention is framed and claimed. We work with clients to identify what aspects of the AI system are eligible for protection, such as training methods, model architecture, real-world application, or system integration, and craft claims that align with current USPTO and international standards.

Data Ownership and Protection

AI models are only as good as the data used to train them. In many cases, the data is proprietary, sensitive, or sourced from third parties. We advise clients on how to structure data acquisition, usage rights, and protection strategies to ensure compliance with privacy laws and to safeguard valuable datasets. We also help identify when data or labeling systems may be protectable through copyright, trade secrets, or contracts.

Trade Secrets for Algorithms and Models

Because AI innovations are often difficult to reverse engineer and may not meet current standards for patent eligibility, trade secret protection plays a critical role. We help clients evaluate what elements of their models, training processes, and deployment methods are best kept confidential and implement the necessary agreements and internal protocols to maintain enforceability over time.

Ownership and Authorship Challenges

As AI-generated outputs become more advanced, questions around ownership and authorship are becoming more common. Current U.S. law requires human authorship for copyright and human inventorship for patents. We counsel clients on how to manage documentation, employment agreements, and innovation practices to support clear ownership and avoid disputes as team structures evolve.

Open Source Use and Risk Management

Many AI models and tools are built using open-source components, which can expose companies to licensing risks, disclosure obligations, or restrictions on commercial use. We conduct open-source audits and help clients understand and comply with license terms, particularly when combining proprietary and open-source tools in one product or platform.

Global Protection Strategy

AI technologies are deployed and commercialized globally, but protection rules vary widely by country. Some jurisdictions may offer more robust protection for algorithms or data, while others focus on practical application. We work with clients to build international protection strategies that reflect market priorities and legal realities, coordinating closely with foreign counsel and ensuring alignment with export controls and ethical AI standards.

Industry Collaboration and Licensing

AI development often involves partnerships between startups, universities, data providers, and industry leaders. We support clients in structuring collaborative agreements, licensing models, and joint development arrangements that clarify IP rights, protect confidential inputs, and allow for shared growth and innovation.

Specialty Practice Areas

AI encompasses many subfields that can overlap or exist independently. At Brooks Kushman, we advise clients across a comprehensive set of AI specialty areas, helping them protect, commercialize, and comply with regulations. Below are the core topics we frequently address:

• AI Hardware
• Computer Vision
• Data Scraping & Harvesting
• Evolution Computation
• Image Processing and Recognition
• Knowledge Processing
• Machine Learning
• Natural Language Processing
• Neural Networks
• Planning & Control
• Prompt Engineering
• Robotics
• Speech and Voice Recognition

Brooks Kushman has decades of experience serving businesses where technology and law intersect. Our team is ready to safeguard your intellectual property, address data handling requirements, and develop legal strategies that support your AI pursuits.

If you’re looking for an artificial intelligence law firm to guide your projects, please contact us or call one of our offices. We look forward to discussing how our attorneys may help you succeed in this evolving field.