Intellectual Property Trending Topics

To help with your writing efforts, here’s what people are looking for in IP Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

How AI Transparency Requirements Are Raising Trade Secret Concerns 

Consider writing about:

How evolving disclosure requirements in the United States and Europe are raising trade secret concerns among AI-related companies; significant laws or proposals mandating disclosure of information related to AI training data; how legal challenges to these requirements have fared; how companies can best respond to these types of disclosure requirements without compromising their intellectual property.

Implications of Final USPTO Rule for Foreign Patent Owners and Applicants 

Consider writing about:

A final rule issued by the U.S. Patent and Trademark Office on March 20; what the rule means for foreign patent owners, applicants, and inventors; reason for the rule change; when it goes into effect, and whether it applies retroactively; additional compliance details or potential pitfalls to avoid.

Related information:

https://www.federalregister.gov/documents/2026/03/20/2026-05564/required-use-by-foreign-applicants-and-patent-owners-of-a-patent-practitioner

Get Acquainted With the EU Design Act 

Consider writing about:

The EU Design Act; its origns, intent, and significant impacts to date; key compliance matters that affected individuals or entities need to be aware of; what to know about a new phase of the Act scheduled to come into effect in July of this year.

Implications of U.S. Supreme Court’s Cox Communications Ruling 

Consider writing about:

The U.S. Supreme Court ruling in Cox Communications, Inc. v. Sony Music Entertainment; key points in the high court’s ruling; what the ruling means for internet service providers, content creators, and platforms hosting user-generated content; and, additionally, what the ruling’s potential implications are for cases involving the Digital Millennium Copyright Act or secondary copyright liability.

Related information:

https://www.supremecourt.gov/opinions/25pdf/24-171_bq7d.pdf

Who Owns the Rights to Employee Inventions? 

Consider writing about:

Intellectual property rights involving employee inventions; the importance of written contracts defining ownership rights; what happens in the absence of a contract; how the law on these points may differ from one country to the next (or even within one country); potentially significant factors regarding whether company property or location or on-the-clock work hours were used in the creation of a given invention; any recent rulings of note regarding employee inventions; practical pointers on the handling of IP ownership disputes over employee inventions.

What’s Happening at the EU’s Unified Patent Court? 

Consider writing about:

Noteworthy rulings by the European Union’s Unified Patent Court, either over the course of last year or during the first quarter of 2026. What stands out to you about recent rulings by this court? Also, did any significant trends involving the Unified Patent Court emerge in 2025, and, if so, how might those trends continue to play out this year? What should practitioners and their clients be watching for from the Unified Patent Court this year?

How Congressional Legislation Could Affect IP Disputes Over AI Training 

Consider writing about:

The Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act; HR 7209’s history and intent; how this legislation could impact copyright holders and AI developers; the legislation’s current status and prospects for passage; what else Congress may be considering, or may have already done, regarding concerns over AI’s impact on intellectual property rights.

Related information:

https://www.congress.gov/bill/119th-congress/house-bill/7209/text

Major Publishers Read Anna’s Archive the Riot Act 

Consider writing about:

Major book publishers’ copyright lawsuit against “shadow library” Anna’s Archive; key claims in the lawsuit; what to know about the background of Anna’s Archive and other “shadow libraries” and how they operate; any relevant comparisons between the lawsuit against Anna’s Archive and other lawsuits over the years against free-access online collections of published works.

Related information:

https://www.publishersweekly.com/pw/by-topic/digital/copyright/article/99880-publishers-charge-anna-s-archive-with-copyright-infringement.html

How States Are Addressing Concerns Over Spread of Deepfakes 

Consider writing about:

How state legislators (nationally or in the region of your choice) are tackling the persistent problem of deepfakes; how deepfakes have evolved over recent years; challenges in combating deepfakes; whether the state laws are confined to sexually explicit images or are casting a wider net to include deepfakes of various types; potential liability for individuals or companies; intellectual property rights and protections that arise in relation to deepfakes.

Related information:

https://www.nbcrightnow.com/news/washington-deepfake-law-signed-by-gov-ferguson-to-protect-identity-rights/article_7feb099b-cb55-4d5f-9ed4-353c4b95de5c.html

https://www.kansascity.com/news/state/missouri/article314810581.html

The Doctrine of Foreign Equivalents: What to Understand 

Consider writing about:

The doctrine of foreign equivalents; what it consists of; how companies can get tripped up by this doctrine; any interesting cases that may offer practical takeaways on how to prevail in a dispute over foreign equivalents (or how to head one off).

Pa. Jury Slaps Comcast With $240M Infringement Verdict 

Consider writing about:

A recent $240 million jury verdict against Comcast over voice recognition technology; what to know about Promptu Systems’ lawsuit against Comcast; related trends involving the evolution of voice recognition technology, and any noteworthy IP disputes involving other companies’ voice recognition work.

Parodies, IP Rights, and Risks 

Consider writing about:

Parodies and intellectual property law; how parodies are protected under the law; when a parody risks crossing a legal line into infringement; any significant cases that illustrate these points; practical guidance on protecting one’s IP rights when a parody is involved.

AI-Assisted Inventions and IP Rights: What to Know 

Consider writing about:

AI-assisted inventions; the latest guidance from courts or other IP authorities on human “vs.” AI inventor roles, recognition, and requirements; how the guidance may vary from one jurisdiction to another; how best to protect one’s IP rights when using AI systems.

Related information:

https://www.uspto.gov/subscription-center/2025/revised-inventorship-guidance-ai-assisted-inventions

https://public-inspection.federalregister.gov/2025-21457.pdf

Public Domain Day Opens the Door to More Works (and Potential Risks) 

Consider writing about:

What to know about Public Domain Day and its significance; the annual expiration of copyrights; what it means for a work to enter the public domain; notable works that joined that list as of Jan. 1, 2026; common misconceptions or potential pitfalls regarding the use of works that are in the public domain.

Cross-Border Considerations Involving IP Protection [Ongoing] 

Consider writing about:

Cross-border concerns that arise in conjunction with intellectual property protection; what to consider regarding filing strategies, relevant patent authorities, courts, international treaties, prevailing law, and more.

Federal Appeals Court Sides With YouTube in Infringement Case 

Consider writing about:

A recent 11th Circuit ruling in YouTube’s favor in a copyright infringement dispute; key issues at stake in this case; how the federal appeals court interpreted YouTube’s obligations under the Digital Millennium Copyright Act; additional guidance for content creators and online platforms regarding their respective rights, duties, and options as they relate to the DMCA.

Related information:

https://media.ca11.uscourts.gov/opinions/pub/files/202313156.pdf

What to Know About the Visual Artists Copyright Reform Act 

Consider writing about:

The Visual Artists Copyright Reform Act; issues this Senate bill addresses; what the measure aims to accomplish; how copyright-related processes would change if the bill is approved; potential timeline for implementation of changes; prospects for the Act’s passage.

Related information:

https://www.blackburn.senate.gov/2025/12/general/blackburn-welch-introduce-legislation-to-empower-visual-artists-to-protect-their-work

New York Takes Action Regarding Digital Replicas 

Consider writing about:

A measure signed into law by New York’s governor last month; what the measure means for the post-mortem use of an individual’s name, image, or likeness; when new restrictions go into effect in New York; whether other states are implementing or considering similar restrictions on the use of digital replicas; what else companies should know about the New York law and any related trends.

Related information:

https://www.governor.ny.gov/news/governor-hochul-signs-legislation-protect-consumers-and-boost-ai-transparency-film-industry

IP Highlights From 2025: Year-End Review 

Consider writing about:

Your choice of five or more key intellectual property developments or trends from 2025, and why you consider them to be especially significant, either in and of themselves or as potential indicators of continuing impacts for 2026 or beyond. Decide whether to focus on a particular court or other entity, or a specific region, industry, or subset of intellectual property, or whether to take a wider-angle approach to the topic, and whether to offer practical takeaways or action steps for each of your chosen items.

Secondary Liability: A Looming Risk for AI Sector? 

Consider writing about:

How secondary liability may arise in the context of AI tools and intellectual property rights; how secondary liability is commonly interpreted; factors that may increase secondary liability risks for AI companies and others; how AI companies can prepare for these types of risks.

Work Made for Hire: What to Know 

Consider writing about:

The concept of “work made for hire;” typical scenarios under which this doctrine may arise; any common misunderstandings regarding rights and protections in this context; practical takeaways from any noteworthy disputes, rulings, or other significant outcomes on this front; additional best practices to keep in mind.

What Stands Out to You About Disney-OpenAI Licensing Agreement? 

Consider writing about:

A licensing agreement that Walt Disney Co. has reached with OpenAI; types of material, forms of usage, and limitations or exclusions covered by the agreement; the significance of this licensing agreement for Disney, OpenAI, consumers, the entertainment industry, the AI industry, and others; whether this licensing deal could be a sign of more such deals on the horizon, possibly including content creators and AI companies that are currently embroiled in infringement disputes with each other.

Related information:

https://www.npr.org/2025/12/11/nx-s1-5640837/disney-openai-sora-deal

https://variety.com/2025/digital/news/wga-disney-openai-deal-theft-of-our-work-1236606872

Implications of Warner Music-Suno Partnership Announcement 

Consider writing about:

A partnership announced last month between Warner Music Group and AI music platform Suno; what this settlement aims to accomplish; what the two companies’ deal means for creative artists and for consumers; related IP trends involving resolved or ongoing licensing and infringement disputes between music companies and AI companies.

Related information:

https://www.hollywoodreporter.com/music/music-industry-news/warner-music-group-settles-ai-infringement-suit-with-suno-1236435516

Disney Goes After Google Over Alleged Copyright Infringement 

Consider writing about:

Copyright infringement claims that the Walt Disney Co. is bringing against Google over the tech giant’s AI systems; key allegations being made by Disney; how this case compares to other IP disputes over tech companies’ choice of material to develop their generative AI models; how litigation on this issue is trending in terms of strategies, agreements, rulings, or other outcomes.

Related information:

https://www.hollywoodreporter.com/business/business-news/disney-google-cease-and-desist-letter-1236448009

Apple Faces Copyright Infringement Claims Over Training of Its AI Models 

Consider writing about:

Lawsuits against Apple over the company’s choice of material to train its AI models; what to know about the copyright infringement claims; how the lawsuits against Apple compare to copyright claims against other companies over their training of their AI systems; how those lawsuits have fared; how companies can minimize their liability in connection with their use of training materials for their AI models; or, alternatively, what other businesses or individuals should know about pursuing infringement claims amid the AI boom.

Related information:

https://www.engadget.com/ai/apple-hit-with-another-class-action-lawsuit-for-alleged-copyright-infringement-175242922.html

Congressional Legislation Takes Aim at PTAB 

Consider writing about:

A new move by Rep. Thomas Massie (R-KY) to abolish the Patent Trial and Appeal Board; rationale for doing so; what body or system would take the place of PTAB under such a scenario; additional patent system changes of note that are proposed under the Restoring America’s Leadership in Innovation Act; how RALIA compares (in substance, goals, status, and prospects for passage) to other congressional legislation aimed at changing components of the U.S. patent system; what else interested parties should be watching for from Congress on this front.

How to Confront the Problem of Counterfeits Lurking in Supply Chains [Ongoing] 

Consider writing about:

Counterfeit products or components lurking in supply chains; potential risks for companies; relevant regulations and compliance obligations; best practices for maintaining the integrity of a supply chain or for minimizing fallout after the fact.

Is a Value-Based ‘Tax’ in Patent Holders’ Future? 

Consider writing about:

Reports that the U.S. Department of Commerce is considering whether to impose on patent holders a value-based charge that some are referring to as a tax; what is known or not known regarding how the patent values and related charges would be calculated and by whom; types of patents or patent holders to whom the fee may apply; rationale for such a plan, and how a plan of this type would compare to the current system.

IP Concerns Mount Over OpenAI’s Training of Sora Tool 

Consider writing about:

Controversies surrounding OpenAI’s Sora tool; how the company is marketing this AI tool; why its use has led to intellectual property concerns; how the company has modified Sora in response to concerns; what other companies may be able to learn from OpenAI’s rollout of Sora; status of any unresolved IP claims over Sora’s use (or misuse).

Related information:

https://www.theverge.com/news/812545/coda-studio-ghibli-sora-2-copyright-infringement

https://www.npr.org/2025/10/20/nx-s1-5567119/sora-2-openai-hollywood