How Will ChatGPT Impact Intellectual Property Law?


AI chatbots, including ChatGPT, are becoming more sophisticated daily and raising intriguing questions about intellectual property law and how it applies to this rapidly evolving technology. For example, there are questions about who owns the content that ChatGPT and other chatbots generate. How should this AI content be managed and protected?

Keep reading to learn more about how IP law will be affected by ChatGTP. Then, if you have questions, speak to our California intellectual property lawyers at Ourfalian & Ourfalian today.

What Is ChatGPT?

ChatGPT is an advanced language model that OpenAI developed. This AI chatbot can potentially change how people access and communicate information.

ChatGPT allows the user to type a question into its search field, and in seconds, there is a detailed answer. The AI chatbot can converse with users, help to draft short stories and essays, and implement various software programs. In addition, visitors to the ChatGPT platform can ask that the bot’s responses feature certain brands, topics, song lyrics, and more.

ChatGPT users can also use it to link to familiar songs, characters, and plots, all without intellectual property notices. For example, you can ask ChatGPT to write a story based on copyrighted works like The Hunger Games and Harry Potter.

Users can tell ChatGPT to write new content based on existing pop culture characters, set a new story in a new place, and add different endings. These features are undoubtedly entertaining, but they exist in a gray area between ‘fair use’ and creating unlicensed works based on copyrighted material. As the chatbot spreads in popularity, there will be growing questions about how it will affect IP law in the US and abroad.

FAQ on ChatGPT And How It Affects Intellectual Property Law

ChaatGPT is a new technology, and the legal aspects of its use are evolving. To get a better idea of how using the chatbot may affect IP, below are some common questions and answers on this topic.

Is It A Problem That ChatGPT Usually Does Not Have Attributions To Original Sources?

From an IP point of view, if the chatbot does not quote the source material, there does not need to be a citation, according to Forbes. Likewise, if the chatbot uses ideas but does not copy them, the use does not violate copyright or protected intellectual property.

Who Can Copyright Works Generated By ChatGPT?

For content to have copyright protection in the US, it must be the work of creative and original authorship by a human being. Without human creative input, the work cannot be copyright protected. So, the US Copyright Office will decline to register a piece of content generated by ChatGPT or another AI tool.

What Happens When ChatGPT Produces The Same Content For Another User?

For a copyright infringement claim to be successful, there must be proof that the work was copied. If the bot creates the same or similar content independently, then independent creation is a valid defense. However, neither person copied the work of another, so it is unlikely that a copyright infringement action would succeed.

What Does ChatGPT Mean For The Future Of Copyright?

The future of copyright is unclear, but AI will play a big part. AI systems such as ChatGPT can address complicated legal questions and may be able to prevent copyright infringement. However, many say that legal experts must devise AI systems that ensure copyright laws are respected.

Does ChatGPT Have Limitations?

Yes, like any machine learning model, it has limitations that can affect its accuracy. Some limitations that users have seen in ChatGPT include:

  • Dearth of common sense: GPT has been trained on a huge text dataset but lacks a deep understanding of the physical world or common sense that humans intuitively understand. This can cause ChatGPT to provide a response that needs to be revised or corrected.
  • Lack of context awareness: The chatbot does not know how to remember earlier conversations or maintain context over the long term. Thus, it cannot maintain a conversation in the same way that a person can.
  • Sensitivity to the query: The quality of the text response depends heavily on the quality of the question asked. The text response could be confusing or badly written if the question is not written clearly.
  • Training data bias: ChatGPT has been trained on a large text dataset that could contain stereotypes and biases. This can cause the model to create text that is offensive or biased.
  • Lack of creativity: The bot can create text similar to a human. But it is incapable of creative thinking that people can.

Is It Risky For An Inventor To Use ChatGPT To Write A First Draft Patent Claim?

Yes, you should be wary of using ChatGPT for this purpose. Some of the well-known risks in the patent claim space are:

  • Inconsistency and inaccuracy: The chatbot cannot perform the same level of creative thinking that people can. So, many do not always write text reflecting the inventor’s intentions.
  • Not understanding context: The chatbot cannot remember conversations it had earlier. So it may be unable to produce a claim that aligns with its earlier claims. Furthermore, claims may not match the context of your patent application.
  • Lack of overall understanding: ChatGPT probably will not understand the complex technical details of your invention or the legal issues related to a patent claim. This could cause it to write a legally or technically inaccurate claim.


It could be that ChatGPT will revolutionize how we obtain information and communicate with others. But as the technology advances, it is critical to deal with how it could affect IP, copyright, and trademark laws. The many legal issues that ChatGPT produces are complex, and the courts will likely need to offer clarification on these murky questions.

Contact Our California Intellectual Property Lawyers

ChatGPT is an interesting, growing tool that many people are experimenting with. OpenAI is trying to reduce the various legal issues, but IP holders and ChatGPT users should know about possible IP risks and take appropriate steps to protect their property. If you have questions about ChatGPT and how it affects your IP, speak to our California intellectual property lawyers at Ourfalian & Ourfalian at (818) 550-7777.