When people discuss artificial intelligence (AI), ChatGPT invariably comes up. The chatbot has spurred significant discussion — ranging from its effect on intellectual property to its potential for taking over the world. This is why many were surprised to see ChatGPT’s trademark registration denied by the USPTO. However, this is far from the only major event with AI in intellectual property we’ve seen this month.

ChatGPT Denied Trademark Registration

There have been a few significant news stories regarding artificial intelligence in intellectual property this February. However, the event making the most waves is the denial of the ChatGPT trademark by the U.S. Patent and Trademark Office (USPTO). This caught many observers off guard since it seems that “ChatGPT” and “GPT” have become synonymous with the company.

However, the USPTO has correctly pointed out that the term is “merely descriptive.” After all, “chat” is simply an exchange of remarks . Similarly, “GPT” is a widely used acronym for “generative pre-trained transformers.” In essence, this makes “ChatGPT” a descriptive trademark. However, even such trademarks can be registerable in the right circumstances.

If the term were to gain secondary meaning in consumers’ minds, a company might have a valid claim to trademark ownership. One could easily argue that this has occurred with ChatGPT, so this might not be the end of the story. The company that owns the chatbot (OpenAI) can appeal.

USPTO Warns Against Artificial Intelligence in Intellectual Property

The U.S. Patent and Trademark Office has had an eventful couple of weeks with artificial intelligence, and this goes far beyond the ChatGPT trademark denial. On February 6, the Director of the agency issued a memo warning applicants of depending too heavily on AI tools when creating official documents for submission.

The memo highlighted instances where attorneys inappropriately used artificial intelligence to cite cases in their arguments. At this point, several lawyers have been fined for filing documents containing fake cases that ChatGPT “hallucinated.” There’s a concern that similar issues could arise for entities filing applications, trademark oppositions, and similar legal documents.

Interestingly enough, this isn’t where the landmark week of artificial intelligence in intellectual property ended. On February 12 — less than a week after the Director’s memo — guidance rules were issued by the USPTO regarding how much of a role AI can play in the creation of inventions. This affects patent applications immensely — which makes the USPTO’s most recent move even more interesting.

USPTO Also Takes Steps to Integrate AI Into Searches

The federal government has taken significant steps to let people know the limitations of AI in intellectual property. However, the USPTO also announced a new $70 million contract for an artificial intelligence patent search tool. While examiners who review patents already use AI for certain tasks (e.g., searching prior art), their new investment will create “a single web-based system” that provides a multitude of additional capabilities.

Interestingly, the announcement of this new contract came the same day that the USPTO warned inventors about the role artificial intelligence can play in novel inventions. Whether it’s helping examiners review patent registrations or assisting applicants in filing trademark documents, AI in intellectual property will undoubtedly have a significant effect. And if this month is any indication, these changes might come faster than anyone expects.