The intellectual property landscape faces transformative challenges in 2025 as courts grapple with artificial intelligence, patent system reforms, and evolving international frameworks. Several pending cases could fundamentally reshape IP rights, while systemic changes to patent appeals and international enforcement demand attention from rights holders and practitioners alike.
AI and Copyright Protection
Two landmark cases are testing the boundaries of AI-generated works’ copyrightability. In Thaler v. Perlmutter (D.C. Circuit Case No. 23-5233), the court must decide whether purely AI-generated artwork warrants copyright registration. Allen v. Perlmutter (Case No. 1:24-cv-2665, D. Col.) presents a nuanced question – whether works created through human-AI collaboration deserve protection, with the creator arguing AI served merely as a tool for human expression.
Federal Circuit Reform Efforts
A significant challenge to the Federal Circuit’s Rule 36 practice could reshape patent appeals. These summary affirmances, issued without written opinions, face criticism for leaving parties without guidance on complex patent matters. ParkerVision’s pending petition for certiorari to the U.S. Supreme Court argues this practice violates statutory requirements for reasoned decisions and impedes development of patent law, particularly noting that the Federal Circuit is unique among appellate courts in its frequent use of such affirmances.
International Patent Strategy
The European Unified Patent Court’s operations in 2025 bring new considerations for global patent holders. This consolidated system offers streamlined European enforcement but also creates centralized vulnerability to patent challenges. U.S. companies must now carefully evaluate European patent strategy within this new framework.
Patent Subject Matter Questions
Section 101 patent eligibility remains contentious, particularly for software and biotech innovations. The persistent lack of clarity continues driving calls for legislative intervention to provide predictable standards for inventors and practitioners.
With these developments unfolding, 2025 marks a critical period for intellectual property rights in an increasingly AI-driven and internationally connected economy. Rights holders should closely monitor these cases and developments as they navigate IP protection strategies.
About the Author
Ava Doppelt is Board Certified by the Florida Bar in Intellectual Property Law. She manages trademark and copyright portfolios, and has substantial litigation experience in federal and state courts and administrative agencies, advising clients on trademark, publishing, entertainment, and licensing, franchising, and copyright matters.
