The Shift in IP Policy in the AI Age
Reflecting on Continuity and Change in U.S. IP Policy
The fourth industrial revolution is here, driven by humanoid robotics and artificial intelligence. These changes are reshaping every part of our lives. As we navigate this era of technological and societal transformation, the intellectual property regulatory landscape is undergoing one of the most significant evolutions in its history.
Two leaders helped lay the groundwork for these changes. Since 2020, much of this evolution has taken place under the leadership of Kathi Vidal, former Director of the United States Patent and Trademark Office (USPTO), and Shira Perlmutter, outgoing Register of Copyrights and Director of the U.S. Copyright Office. Both Director Vidal’s tenure (2020 - 2024) and Register Perlmutter's tenure (2020 - May 2025) took place as commercial AI tools began to reshape not only how we live and work but also how we define and protect creativity and innovation.
Leadership in a Time of Transformation
Director Kathi Vidal
If you were to imagine the ideal advisor to the former President on all matters of IP, what background would you expect?
A background in engineering and computer science? Experience in AI at a Fortune 500 company? A track record as one of the country’s leading patent litigators? Kathi Vidal brought all of this, and more, to her position as Director of the USPTO.
She began her career as a software engineer working on AI at GE and Lockheed Martin before pivoting to law, becoming a leading IP litigator and managing partner at Winston & Strawn LLP. When Director Vidal was confirmed as Under Secretary of Commerce for Intellectual Property and Director of the USPTO in April 2022, she brought a rare combination of technical foresight and legal expertise with her. Her leadership came at a critical inflection point for IP policy. Generative AI was moving from an experimental tool to a commercial force. Recognizing this transition, Director Vidal aimed to ensure the USPTO could keep reasonable pace with the technology it regulates.
Contributions from Kathi Vidal's Tenure:
Broadening the Innovation Ecosystem:
Director Vidal launched a series of inclusive outreach initiatives to help more Americans participate in the innovation ecosystem. She prioritized accessibility and representation, including independent inventors, startups, veterans, women, and underrepresented communities. For instance, she led programs like the 2023 Women’s Entrepreneurship Symposium and the 2024 Veterans Innovation and Entrepreneurship Program driving impact through USPTO’s Office of Innovation Outreach. Further, Director Vidal served as the Vice Chair of the Council for Inclusive Innovation (CI2), which aimed to develop a national strategy for expanding innovation by, in part, prioritizing early STEM education and teacher involvement to make the IP system more accessible for young students.
Multi-stakeholder AI & IP Policy:
Recognizing the disruptive nature of AI in the patent / inventive process, Director Vidal led the USPTO's efforts to define a policy framework for AI-assisted inventions. She cautioned against "locking up innovation" through unchecked patenting of AI-generated inventions, and she emphasized the need to balance AI use with human contribution. Under her leadership, the USPTO released its first-ever Inventorship Guidance for AI-Assisted Inventions. She also launched the AI / Emerging Technology Partnership to engage stakeholders across sectors in building a responsive, forward-looking IP system.
Throughout her term, Director Vidal emphasized that IP is a strategic tool for investment, economic development, and problem-solving at both community and global levels. She worked to modernize the patent process for an AI-powered environment, setting the stage for an IP system that encourages innovation without sacrificing equity.
Register Shira Perlmutter
Like Director Vidal, Shira Perlmutter stepped into her leadership position at the U.S. Copyright Office as the boundaries of copyright law, and the nature of creative expression itself, were being challenged by consumer-facing AI tools that generate all types of copyrightable materials (music, photos, visual art, voice and image replicas, etc.).
Few were more prepared to lead than Register Perlmutter. Before becoming Register of Copyrights and Director of the Copyright Office in 2020, Register Perlmutter had already shaped domestic and international copyright policy from the public and private sectors. She served as Chief Policy Officer and Director for International Affairs at the USPTO, advising on domestic and international IP issues. She held senior positions at the International Federation of the Phonographic Industry (IFPI), the World Intellectual Property Organization (WIPO), and was Vice President and Associate General Counsel for IP Policy at Time Warner. She also served as the Copyright Office’s first Associate Register for Policy and International Affairs.
Contributions from Shira Perlmutter’s Tenure:
Human Authorship in the Age of AI:
Under Register Perlmutter’s leadership, The Copyright Office issued guidance underscoring that copyright protection requires a meaningful degree of human authorship. This guidance offered much-needed clarity for companies and creators navigating a surge in machine-generated content.
Perlmutter also recognized that copyright laws may need to evolve. She launched a public consultation to explore whether legislative updates were needed, gathering input from stakeholders throughout the copyright ecosystem - artists, academics, researchers, business leaders across industries, and copyright organizations. Her approach helped the Copyright Office gather objective advice on policy to ensure that U.S. copyright law remains rooted in core values while remaining open to technological change.
Modernizing Copyright Systems:
Perlmutter also led a major modernization push for the Copyright Office’s systems and services. She established the Copyright Public Modernization Committee (CPMC) to improve communication and collaboration with external stakeholders on IT upgrades. She also oversaw pilot programs to streamline the registration process, making it faster and more responsive for creators working in digital formats. Finally, her office championed access through initiatives like ‘Copyright for All’, and worked to raise awareness about the Copyright Claims Board (CCB) - a tribunal that offers a fast and affordable alternative to federal court for small copyright disputes.
From digital media platforms to legacy film and TV studios to individual creators, Register Perlmutter’s approach focused on meeting each copyright owner where they are, helping ensure that the copyright system continues to promote creativity and free expression.
Have copyrights? Register them on the Copyright Registration System Platform.
Interested in the Office’s Reports on Copyright and AI? Check them out.
What Comes Next?
U.S. IP policy is in a critical phase. With a new administration comes new leadership and a new perspective on how to promote the progress of arts and sciences through intellectual property laws.
Follow new USPTO news here: USPTO
Courts are also playing a central role in interpreting the scope of IP rights during this change. I like Professor Edward Lee’s Blog for the latest on Copyright Cases: https://chatgptiseatingtheworld.com/
What’s clear is that the IP system is being stress-tested by the technologies of this 4th industrial revolution, and the response of U.S. IP regulators will determine how far and in which direction it bends. Thanks to the vision and leadership of Kathi Vidal and Shira Perlmutter, the system is ready to adapt. But with new leadership, the road ahead is uncertain. Though the foundation set by former Director Vidal and former Register Perlmutter offered a more inclusive, human-centered, and future-focused IP system, its strength will depend on whether and how current and future leaders build upon it.