The Future of Intellectual Property: Emerging Technologies and Legal Challenges

As we head into 2025, intellectual property (IP) owners and those in the process of developing novel IP assets have a lot to consider. While we are at the precipice of several unprecedented opportunities, these opportunities come with unprecedented risks—and these risks require careful consideration. This makes it critical to work with an experienced Florida intellectual property attorney going forward, and those who have questions or concerns will want to ensure that they are making informed and strategic decisions before investing in the future.

7 Emerging Technologies and Legal Challenges that Will Shape the Future of IP

What are some of the new challenges IP owners (and prospective IP owners) are likely to encounter in the years ahead? Here are seven emerging technologies and legal challenges that have the potential to shape the future of IP in the U.S. and around the world:

1. Artificial Intelligence (AI)

Artificial intelligence (AI) has been one of the main talking points of 2024—not just for those in the industry, but also for intellectual property attorneys. From an IP perspective, predictive AI and generative AI both present a variety of novel legal issues. These include not only the well-publicized issues regarding infringing AI-generated content and branding, but issues regarding ownership of IP-developed assets and other commercial aspects of AI use as well.

With a lack of guidance from the courts, to date, companies that have acknowledged the IP issues associated with AI have largely taken matters into their own hands—either claiming “fair use” or using licenses and other contracts to protect themselves. But, if the “fair use” argument fails in court, or if AI-related contracts fail to anticipate issues that arise, we could see a sea change in how companies address the IP-related implications of AI going forward.

2. Blockchain

From the advent of blockchain technology to the introduction of cryptocurrencies, and from Beeple’s record-setting NFT sale in 2021 to Bitcoin reaching $100,000 in 2024, we have seen numerous watershed moments in the evolution of blockchain over the years. With the incoming administration’s embrace of cryptocurrency and companies continuing to use blockchain technology in new and innovative ways, we expect to see many more of these moments in the years to come.

All of these moments have IP-related implications. Like AI and other technologies, as blockchain technology continues to evolve, these implications will continue to evolve as well.

3. Biotechnology

Biotechnology is another IP-heavy industry that is also rapidly evolving. From vaccines and synthetic insulin to medical device implants and brain computer interface (BCI) implants used for non-medical purposes, the range of innovations in this area is extraordinarily broad. In many cases, we are seeing an arms race to develop and patent new technologies that companies can then either sell exclusively or license to other companies around the world.

4. Green Technology

The same can be said of green technologies. As the race to slow global warming continues, and with increasingly dire warnings about the future if we as a species do not make some drastic changes, green technology is once again in the spotlight heading into 2025. From electric vehicle startups to companies developing wind-powered cargo ships that can cross oceans without burning fossil fuels, there is a lot going on that has the potential to shape not only the future of transportation and other industries but the IP landscapes behind these industries as well.

5. Globalization

Globalization is a continuing trend that will necessarily have a profound impact on how companies view and manage their IP rights. With companies of all sizes increasingly operating on a global scale, protecting IP assets both in the U.S. and abroad is becoming increasingly important.

Currently, this presents some challenges. While there are various treaties and pacts that establish streamlined procedures for registering IP rights in multiple international jurisdictions, these procedures do not cover all countries—not even close. Additionally, IP laws around the world are not uniform. Eligibility criteria, registration requirements, and timing considerations can all vary widely, making it essential that IP owners address the need for international registration as proactively as possible.  

6. Expiration of IP Rights

Copyright law made a rare appearance in major media headlines earlier this year when Disney’s copyright for the original version of Mickey Mouse expired. Under U.S. law, copyrights generally expire 70 years after the death of their creator or 95 years after creation for corporate-owned original works of authorship. Given that we are now approaching a time when many notable copyrights from the earlier decades of the 20th century will expire, we could see some interesting questions arise regarding the use of previously protected famous works.

Why? Because this issue isn’t necessarily as straightforward as it may seem. The Mickey Mouse example is instructive: While the original version of Mickey Mouse may no longer be protected under U.S. copyright law, subsequent versions are, and Disney owns trademark rights in its Mickey Mouse character (which it can protect indefinitely) as well.

7. New Frontiers

From new AI platforms and blockchain-based technologies to BCI chips and sailing cargo vessels, we truly are on the precipice of some new frontiers. Inevitably, these new frontiers will present novel issues in the world of intellectual property, and it will be up to innovators and their attorneys to ensure that they put all necessary and appropriate protections in place. Any time there are uncertainties, litigation is a very real possibility as well, and, as we are currently seeing with generative AI, while litigation tends to lag behind innovation, it has the potential to have a major impact on the future.

Speak with a Florida Intellectual Property Attorney at Lott & Fischer, PL

At Lott & Fischer, PL, we work with leading companies in a wide range of industries to protect their IP rights in the U.S. and around the globe. To speak with an experienced Florida intellectual property attorney at our firm in confidence, please call 305-448-7089 or inquire online today.